Ohio AG Sues to Prevent Reform Rabbinical College from Dismantling Its Valuable Library Collection

Ohio's Attorney General filed suit this week in an Ohio trial court seeking a temporary restraining order and an injunction to prevent Hebrew Union College in Cincinnati from selling off any of its valuable library collection of Judaica which the college was exploring the possibility of doing in order to deal with a crippling financial deficit.  The complaint (full text) in State of Ohio ex rel. Yost v. Hebrew Union College- Jewish Institute of Religion, (OH Com. Pl., filed 6/3/2024) alleges in part that the college is violating Ohio law by soliciting contributions from donors without disclosing that it is exploring the sale of parts of the Klau Library collection. It also alleges breach of fiduciary duty in administering charitable assets according to the donors' intent and alleges in part:

By the acts, omissions, and imminent acts identified in this Complaint, Defendant has breached and/or is breaching its fiduciary duties to collect, preserve, and share the Cincinnati Library collection for the charitable benefit of the public, including the Greater Cincinnati community.

Attorney General Dave Yost issued a press release announcing the filing of the lawsuit. According to the Cincinnati Enquirer:

Following Yost's move Tuesday, HUC spokeswoman Patricia Keim said the college has made no plans to sell books or close the library. "We have retained a rare books expert to assess our holdings," she said. "We remain committed to responsible management of the Klau Library and its critical role in the study of Judaism, Jewish history, and Jewish civilization."

Court Dismisses Suit Over Disclosure of Clergy-Penitent Conversation

In Stephens v. Metropolitan New York Synod of the Evangelical Lutheran Church in America, (Dutchess Cty. NY Sup. Ct., April 29, 2024), a New York state trial court dismissed a suit for breach of fiduciary duty, infliction of emotional distress, hostile work environment and defamation brought by an Episcopal clergyman, who was also on the Roster of Ministers of the Evangelical Lutheran Church. Plaintiff had sought out pastor Christopher Mietlowski for a confidential confessional conversation about an extramarital affair. Despite the assurance of confidentiality, Mietlowski disclosed the information to the bishop of the New York Synod of the ELCA who in turn disclosed the information to plaintiff's wife who was also a pastor. The bishop also disclosed the information to the Episcopal Church which suspended plaintiff's license to officiate. Subsequently, ELCA removed plaintiff from its roster of clergy.

The court held that even though New York has codified the clergy-penitent privilege, that provision does not give rise to a cause of action for breach of fiduciary duty when a conversation between a congregant and a member of the clergy is disclosed. The court also rejected plaintiff's claims growing out of his removal from the roster of ministers of the ELCA saying that this was an ecclesiastical decision about a minister's qualifications to serve which is beyond the power of civil courts to review.

State AG's Warn Target Corp. About Consequences of Its Pride Campaign

Earlier this week, the Indiana Attorney General, joined by the Attorneys General of Arkansas, Idaho, Kentucky, Mississippi, Missouri and South Carolina sent a joint letter (full text) to the CEO of Target Corp. complaining about the company's promotion and sale of products supporting Pride month. The states' legal officers suggested that Target may have violated state child-protection and parental rights laws.  It also suggests that Target has violated its duties to the states as shareholders of Target stock (presumably held in state pension funds).  The 5-page, heavily footnoted letter said in part:

As the chief legal officers of our States, we are charged with enforcing state laws protecting children and safeguarding parental rights.... 

In light of these responsibilities, we wish to communicate our concern for Target’s recent “Pride” campaign. During this campaign, Target wittingly marketed and sold LGBTQIA+ promotional products to families and young children as part of a comprehensive effort to promote gender and sexual identity among children...  Target also sold products with anti-Christian designs, such as pentagrams, horned skulls, and other Satanic products....

In connection with its “Pride” campaign, Target provides financial support to an organization called GLSEN (pronounced “glisten”). GLSEN furnishes resources to activists for the purpose of undermining parents’ constitutional and statutory rights by supporting “secret gender transitions for kids” and directing public schools to withhold “any information that may reveal a student’s gender identity to others, including [to] parents or guardians.”...

...Target’s directors and officers have a fiduciary duty to our States as shareholders in the company. The evidence suggests that Target’s directors and officers may be negligent in undertaking the “Pride” campaign, which negatively affected Target’s stock price. Moreover, it may have improperly directed company resources for collateral political or social goals unrelated to the company’s and its shareholders’ best interests....

We live in a different day and age from our nation’s founding. But certain immutable precepts and principles must always endure so long as America is to remain free and prosperous.

CBS News reports on the letter.