Iowa's "Fetal Heartbeat" Abortion Law Held Unconstitutional

In Planned Parenthood of the Heartland, Inc. v. Reynolds, (IA Dist. Ct., Jan. 22, 2019), an Iowa state trial court judge held that Iowa's "fetal heartbeat" abortion law violates the Iowa state constitution.  Relying in large part on a 2018 Iowa Supreme Court decision which held that any limit on a woman's right to choose must meet the strict scrutiny test, the court said in part:

[I]t is undisputed that the threshold for the restriction upon a woman’s fundamental right to terminate a pregnancy (the detection of a fetal heartbeat) contained within Iowa Code chapter 146C constitutes a prohibition of previability abortions.  As such, it is violative of both the due process and equal protection provisions of the Iowa Constitution as not being narrowly tailored to serve the compelling state interest of promoting potential life.  Accordingly, this court grants the petitioners’ motion for summary judgment and declares Iowa Code chapter 146C unconstitutional and therefore void.... The petitioners’ request for injunctive relief will also be granted.

Townhall reports on the decision.

Fired Employee Loses Suit Over Religious Content of His E-Mail Signature Block

In Sioux City, Iowa on Wednesday, a federal trial court jury rejected a claim by plaintiff who had been hired as a psychiatric security specialist that his firing during his probationary period violated his free speech and free exercise rights.  As reported by the Sioux City Journal, plaintiff Michael Mial pointed to the request by his supervisors at a state sex-offender civil commitment unit that he stop using "In Christ" in his personalized signature block on internal e-mails sent to other employees.

Suit Seeking Cannabis Exemption For Rastafari Moves Ahead In Iowa

An Iowa state trial court has denied a motion by the Iowa Board of Pharmacy to dismiss a suit brought against it claiming that it abused its discretion when it refused to recommend to the state legislature an exemption for religious use of cannabis by Rastafari.  (Order in Olsen v. Iowa Board of Pharmacy, (IA Dist. Ct., Nov. 16, 2018). Links to all the pleadings in the case as well as to audio of oral arguments are available here. (See prior related posting.)

Iowa Pharmacy Board's Refusal To Recommend Cannabis Exception Is Challenged

A petition (full text) for review of a July 18 decision by the Iowa Board of Pharmacy has been filed in an Iowa state trial court.  In Olsen v. Iowa Board of Pharmacy, (IA Dist. Ct., filed 8/15/2018), petitioner contends that the Pharmacy Board abused its discretion when it refused to recommend to the state legislature that an exemption be added to the state drug laws to exempt religious use of cannabis by Rastafari.  The Board took the position that it lacks expertise to evaluate the use of controlled substances for religious purposes. A number of posts on the issue are at Carl Olsen's Blog.

Christian Student Group Sues University of Iowa

A suit was filed yesterday in federal district court by two related Christian student organization against the University of Iowa. The complaint (full text) in InterVarsity Christian Fellowship/ USA v. University of Iowa, (SD IA, filed 8/6/2018), challenges the University's deregistration of IVCF as a recognized student organization because the group imposes a religious belief requirement on its student leaders.  Plaintiffs contend that the University has violated their 1st Amendment rights under the Free Exercise, Establishment and Speech clauses, as well as their rights under various provisions of the Iowa constitution and statutory law.  Becket Fund issued a press release announcing the filing of the lawsuit.

UPDATE: On Aug. 14, Becket Fund reported that an agreement has been reached with the University for it to reinstate, while litigation is pending, nearly 40 student groups that had been suspended under this university anti-discrimination policy.

Iowa Churches Diverge On Immigration Issues

The New York Times yesterday posted an article titled An ICE Raid Leaves an Iowa Town Divided Along Faith Lines. The investigative piece explores how an ICE raid at an Iowa concrete plant has generated different responses locally from members of different Christian denominations:

President Trump’s immigration crackdown has been promoted with biblical righteousness by senior members of his administration, including Attorney General Jeff Sessions. And in heartland communities where the president is popular, the crackdown is often debated — by supporters and critics alike — through the lens of Christian morality.

Another Permanent Injunction Against Contraceptive Mandate For Religious Colleges

In yet another in a line of cases, the Trump Administration has conceded that applying the Obama-era contraceptive mandate rules to religious non-profits would violate RFRA.  This time in Dordt College v. Azar, (ND IA, June 12, 2018), an Iowa federal district court issued a permanent injunction against enforcing the rules against Dordt College and Cornerstone University to the extent that doing so would violate their religious consciences.  This specifically includes services that the schools view as abortion, abortifacients, embryo-harming pharmaceuticals, and related education and counseling.  Detroit Free Press reports on the decision. Cornerstone University is in Michigan, while Dordt College is located in Iowa.

Iowa Supreme Court Dismisses Negligence, But Not Negligent Supervision, Claims Against Church Elders

In Bandstra v. Covenant Reformed Church, (IA Sup. Ct., filed 6/1/2018), the Iowas Supreme Court held that the 1st Amendment and parallel state constitutional provisions bar negligence claims against elders of the church for their response to disclosure that the church's pastor was having sexual relations with several women he was counseling.  The court said in part:

Following [the pastor's] resignation, the elders sought to help the congregation move forward and heal. The means by which they chose to counsel and advise the congregation is outside the purview of the government. Plaintiffs argue “a reasonable church would seek assistance for parishioners and not label victims ‘adulteresses.’ ” Yet, that is precisely the type of determination that the Religion Clauses prohibit.... A court cannot dictate what teachings and services a church offers its parishioners. Nor can we disapprove of the elders deciding, pursuant to their duty as religious authorities, that the women would be best healed by simply confessing their “sins.”

However the court allowed one of the plaintiffs to move ahead with a negligent supervision claim, holding:

While the decision whether to invite certain speakers, or use certain rhetoric, is protected religious decision-making, reasonable supervision of an employee is a principle of tort law that applies neutrally to all employers. Further, the Church confirmed during oral argument that the Church’s supervision, or lack thereof, was not grounded in any religious doctrine or teachings.

It also held that the trial court properly dismissed a number of defamation claims. [Thanks to Tom Rutledge for the lead.]

Iowa Legislature Passes Heartbeat Abortion Bill

As reported by the Washington Post, the Iowa legislature yesterday gave final passage to SF 359 (full text), one of the most restrictive abortion laws in the country. The bill has been sent to Gov. Kim Reynolds for her signature.  The bill prohibits a physician from performing an abortion if a fetal heartbeat is detectable.  Exempted from the prohibition are cases of rape or incest if they were reported to authorities withing specified time periods.  The bill also exempts abortions performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, illness, or injury, but not if endangered by life-threatening psychological, emotional or familial conditions, or the woman’s age, or "when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman." The bill also prohibits receiving or transferring fetal body parts.  Gov. Reynolds has not said whether she will sign the bill into law.

UPDATE: As reported by AP, he bill was signed by the governor on May 4.

Suit Over "In Christ" E-Mail Signature Moves Ahead

In Mial v. Foxhoven, (ND IA, April 4, 2018), an Iowa federal district court refused to dismiss Title VII and state religious discrimination claims brought by Michael Mial who had been fired from his position as a security specialist in the Civil Commitment Unit for Sexual Offenders (CCUSO) of the Iowa Department of Human Services.  Mial's dismissal resulted from his insistence on using the valediction "In Christ" on e-mails he sent on his CCUSO e-mail account, in violation of a rule against personal messages in e-mail signatures.  The court found that Mial's signature message was part of his "religious belief that he must proclaim his faith in everything he does." The court rejected CCUSO's claim that  Establishment Clause concerns justified its refusal to offer Mial a reasonable accommodation, saying in part:

there is scant evidence that Mial’s use of “In Christ” at the end of work-related email messages (such as in various requests for shift changes or time off) would lead the public to assume CCUSO was endorsing a religion. 

The court concluded:

[D]efendants have not shown as a matter of law that the Establishment Clause prevented them from offering an accommodation. Nor have they demonstrated, as a matter of law, that Mial’s email valediction caused any disruption in the workplace or violated any neutral, generally applicable rules or procedures. Of course, the jury could decide that Mial’s use of the valediction violated neutral policies about professional conduct and following supervisory directives. If so, then a duty to accommodate may not apply. However, I am not able to reach such a conclusion as a matter of law. Defendants’ motion for summary judgment must be denied.

Christian Student Group Gets Preliminary Injunction Because of Selective Enforcement

In Business Leaders in Christ v. University of Iowa, (SD IA, Jan. 23, 2018), an Iowa federal district court issued a preliminary injunction requiring the University of Iowa to restore for 90 days the registered student organization status of Business Leaders in Christ.  The University revoked the group's registration for failure to comply with the University's Human Rights Policy.  The organization required that executive officers agree to live by Biblical principles. The University found that this would disqualify individuals from leadership positions based on sexual orientation and gender identity.

The court concluded that the University's policy, as written, does not violate plaintiffs' free expression rights. However, the court found that as applied the policy is not viewpoint neutral and thus violates plaintiff's rights. Relying particularly on apparent non-enforcement against a Shia Muslim student organization, the court concluded that "on the current record ... BLinC has shown that the University does not consistently and equally apply its Human Rights Policy." The court said that after the expiration of the preliminary injunction, the University may prevent further injunctions by showing a change to its enforcement of its Policy. Cedar Rapids Gazette reports on the decision. Becket's case page has further background.

Trump Commutes Sentence of Sholom Rubashkin

The White House announced yesterday that President Trump has commuted the prison sentence of Sholom Rubashkin, saying that it was "an action encouraged by bipartisan leaders from across the political spectrum, from Nancy Pelosi to Orrin Hatch." According to the White House's announcement:

Mr. Rubashkin is a 57-year-old father of 10 children.  He previously ran the Iowa headquarters of a family business that was the country’s largest kosher meat-processing company.  In 2009, he was convicted of bank fraud and sentenced thereafter to 27 years in prison. Mr. Rubashkin has now served more than 8 years of that sentence, which many have called excessive in light of its disparity with sentences imposed for similar crimes.

This action is not a Presidential pardon.  It does not vacate Mr. Rubashkin’s conviction, and it leaves in place a term of supervised release and a substantial restitution obligation, which were also part of Mr. Rubashkin’s sentence.

In 2011, the 8th Circuit upheld Rubaskin's conviction and sentence. (See prior posting.) After his bank fraud conviction, charges against Rubashkin of hiring of illegal aliens in his meat packing plant were dropped.  Des Moines Register reports on developments, along with further background.

Christian Student Organization Sues University of Iowa Over Anti-Discrimination Rule

A Christian student organization, Business Leaders in Christ, brought suit yesterday against the University of Iowa challenging the University's de-registration of the organization.  The complaint (full text) in Business Leaders in Christ v. University of Iowa, (D IA, filed 12/11/2017), contends that the University objects to BLinC's requirement that its leaders agree to follow its Statement of Faith. The University concluded that the requirement violates the University's policy barring discrimination on the basis of sexual orientation or gender identity.  The University took action against the organization after a gay student who wanted to continue to pursue a same-sex relationship complained that he was not permitted to serve as vice president of BLinC.  The student organization's 20-count complaint contends that the University's action violates the 1st and 14th Amendments, as well as various other state and federal statutory and constitutional provisions. Becket issued a press release announcing the filing of the lawsuit.

Church Feeding Homeless Denied Preliminary Injunction Because No Harm Imminent

In Compassion Church, Inc. v. City of Davenport, Iowa, (SD IA, Oct. 16, 2017), an Iowa federal district court refused to issue a preliminary injunction to prevent interference with a church serving breakfast to the homeless each day.  While in April zoning officials had issued a cease-and-desist order requiring the church to stop serving meals until it obtained rezoning, in May the city informed the church that it would not enforce the cease-and-desist order.  It also told the church that serving breakfast to the homeless was consistent with its current zoning classification.  The court concluded that plaintiffs had not shown the threat of irreparable harm since enforcement against it was unlikely.  Quad-City Times reports on the decision.

Suit Challenges University's Anti-Harassment Policy

A suit was filed this week in an Iowa federal district court challenging the constitutionality of Iowa State University's anti-harassment policy and the required online anti-harassment training program for all students and staff.  The Student Code of Conduct defines discriminatory harassment as:

unwelcome behavior directed at an individual or group of individuals based on race, ethnicity, pregnancy, color, religion, national origin, physical or mental disability, age, marital status, sexual orientation, gender identity, genetic information, status as a U.S. veteran (disabled, Vietnam, or other), or other protected class when the behavior has the purpose or effect of substantially interfering with the student's education or employment by creating an intimidating, hostile, or demeaning environment.

Harassment may include some instances of First Amendment protected speech.  The complaint (full text) in Dunn v. Leath, (SD IA, filed 10/17/2016), alleges that the policy violates students' free speech, due process, equal protection and free exercise rights. The complaint reads in part:

131. Plaintiff seeks to exercise his sincerely held religious beliefs by discussing and advocating for his Christian faith and his Christian viewpoint on marriage, sexuality, abortion, and other issues in controversy.

132. Defendants’ promulgation and enforcement of each of the policies complained of herein substantially burden Dunn’s free exercise of religion by preventing and chilling him from sharing his religious views.

... 134. This policy is neither neutral nor generally applicable because it punishes speech critical of another religious belief or deemed offensive to listeners because of their religious beliefs while not sanctioning other speech.

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

Court Denies Preliminary Injunction In Church's Challenge To State Transgender Nondiscrimination Laws

In Fort Des Moines Church of Christ v. Jackson, (SD IA, Oct. 14, 2016), an Iowa federal district court refused to issue a preliminary injunction to bar enforcement against a church of  provisions of the Iowa Civil Rights Act and the Des Moines City Code.  The laws prohibit discrimination on the basis of gender identity in places of public accommodation. Both statutes exempt religious acts of religious institutions.  The church sued after the Iowa Civil Rights Commission issued a guide stating that the anti-discrimination provisions may apply to non-religious activities of a church that are open to the public. The church wants to publicize on its website and in its church bulletin its policy of limiting its rest rooms on the basis of anatomy as identified at birth or by one's original birth certificate.  The policy includes the following rationale:

This policy is consistent with and required by God’s Word, which sets forth the distinctiveness, complementariness and immutability of the male sex and female sex as Jesus Christ himself taught in Matthew 19:4. God’s Word also teaches that physical privacy and personal modesty spring from the physical conditions and unique characteristics of the sexes.

While refusing to dismiss the lawsuit, the court also denied a preliminary injunction because plaintiff is unlikely to succeed on the merits. The court rejected plaintiff's vagueness challenge, and rejected its as-applied free speech challenge because it is unlikely that the laws would ever apply to plaintiff's activities. All of the activities the church indicated it engaged in were religious in nature.  The court rejected plaintiff's free exercise challenge because the anti-discrimination provisions are neutral laws of general applicability. (See prior related posting.)

Church Sues Iowa Officials Over Transgender Access Rules

In Iowa yesterday, a conservative Christian church filed a federal lawsuit against officials of the Iowa Civil Rights Commission and against the city of Des Moines alleging that their anti-discrimination laws requiring transgender access to restrooms and changing rooms consistent with gender identity violate its 1st and 14th Amendment rights.  The complaint (full text) in Fort Des Moines Church of Christ v. Jackson, (SD IA, filed 7/4/2016) focuses on the following Iowa Civil Rights Commission's interpretation of its public accommodation rules:

Sometimes. Iowa law provides that these protections do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to bona fide religious purpose. Where qualifications are not related to a bona fide religious purpose, churches are still subject to the law’s provisions. (e.g. a child care facility operated at a church or a church service open to the public).

The complaint alleges that the church invites the public to all its services and events, and that even those that are not overtly religious nevertheless "engender other important elements of religious meaning, expression, and purpose." It goes on to allege in part:

13. The Church believes and teaches that maleness or femaleness is designed by God and is tied to biology, chromosomes, physiology, and anatomy.

14. The Church’s religious beliefs mandate that sex is an immutable trait from which springs the natural and healthy desires for physical privacy and modesty in states of partial or full undress, such as in restrooms, showers, and changing rooms.

15. The Church recognizes that some individuals do not identify with their biological sex, and the Church welcomes those individuals, wants to be a blessing to them, and wants to minister to them.

16. The Act and City Code prohibit the Church from issuing statements that might cause individuals to believe that they are unwelcome because of their perceived gender identity.

17. The language of the Act and the City Code are broad enough to include within that prohibition sermons, theological expositions, educational speeches, newsletters or church worship bulletin text, or other statements from the Church and its leaders....

27. Allowing biological males to use facilities reserved for women and girls, and vice versa, violates the Church’s religious beliefs about human sexuality.

Des Moines Register reports on the lawsuit.

UPDATE:  Shortly after the lawsuit was filed, the Iowa Civil Rights Commission revised its interpretive pamphlet (full text) to read:

Places of worship (e.g. churches, synagogues, mosques, etc.) are generally exempt from the Iowa law’s prohibition of discrimination, unless the place of worship engages in non-religious activities which are open to the public. For example, the law may apply to an independent day care or polling place located on the premises of the place of worship.

Iowa State School Board Will Consider Challenge To Religious Choral Music In High Schools

At its meeting tomorrow, the Iowa Board of Education will consider the recommendation of an administrative law judge rejecting a family's challenge to the religious nature of music performed by the high school choirs in the New Hampton Community School District.  According to yesterday's Des Moines Register, the parents particularly pointed to the choirs' closing with the hymn In This Very Room which they perform holding hands and encircling the audience. The choirs also conduct a "Church Tour," performing in various churches in the community.  The school board says that a large percentage of choral music that has been written is religious, so it would be difficult to limit choirs to secular pieces. It said the church tours allowed students to experience different acoustics and blending of sounds, and that students did not attend religious services while performing.  The state school board's decision can be appealed to the courts.

Ban on Sexual Exploitation By Counselor Survives Establishment Clause Challenge

In State of Iowa v. Edouard, (IA Sup. Ct., July 18, 2014), the Iowa Supreme Court upheld a clergyman's constitutional challenge to the state's statute prohibiting sexual exploitation by a counselor or therapist (Iowa Code Sec. 709.15).  The Christian pastor involved, Patrick Edouard, was charged with having sexual relations with four women he had counseled.  The majority held that the statute did not unconstitutionally burden Edouard's right to enter into sexual relationships. It also concluded that the statute does not violate the Establishment Clause:

We do not find section 709.15 violates the Establishment Clause as applied to clergy. As the State points out, the statute ... is essentially neutral. It applies to all persons who provide or purport to provide mental health services.

Christian-Themed Park Turns Down State Economic Grant After Church-State Complaints

In Sioux City, Iowa, developers of a Christian-themed park have decided to turn down a $140,000 state economic development grant after objections were raised by the Freedom From Religion Foundation.  AP reported this week that developers of Shepherd's Garden do not want to be in the middle of lawsuits over the park. While the park is to include a stone path with Bible verses, and prayer spaces, the funding from the state organization, Vision Iowa, was not to go to religious elements of the park.  A member of the park's board said that FFRF's objections stimulated enough private donors to pay for the project.