3rd Circuit: RLUIPA's Institutionalized Persons Precedent Can Inform RLUIPA Land Use Cases as Well

 In Anash, Inc. v. Borough of Kingston, (3rd Cir., July 30, 2026), the U.S. 3rd Circuit Court of Appeals in a 2-1 decision ordered a Pennsylvania federal district court to issue a preliminary injunction allowing a rabbi and his congregation access to two buildings that allegedly violated zoning provisions once building code violations were cured.  Rabbi Shimon Hellinger had acquired two properties, one used for office space and a yeshiva, and the other used for group living for ten Orthodox Jewish students who were members of the rabbi's congregation. The rabbi did not respond to notices of violations issued by zoning and code enforcement officials. On the day before Rosh Hashanah, enforcement officials obtained administrative search warrants and condemned the properties through no-occupancy orders. The rabbi and his yeshiva filed suit alleging that the official actions violated the Religious Land Use and Institutionalized Persons Act. The district court refused to grant a preliminary injunction. The 3rd Circuit affirmed the denial of a preliminary injunction against building code enforcement because building codes are not land use regulations covered by RLUIPA. However, the court reversed the denial of a preliminary injunction against enforcement of the zoning regulations, saying in part:

... [I]t is likely that the implementation of the 2023 Zoning Ordinance substantially burdens Rabbi Hellinger and his congregation’s religious exercise. ...

... [I]n Holt v. Hobbs, ... the Supreme Court adjudicated a RLUIPA substantial-burden claim by an institutionalized person.  It held that a prison policy that required an inmate to “engage in conduct that seriously violates [his] religious beliefs” was a substantial burden....  

... [A]lthough they are not identical, RLUIPA’s institutionalized persons provisions and its land-use provisions both use a substantial-burden standard subject to strict scrutiny....  The structural similarity allows the situations ... under which RLUIPA protects religious beliefs of institutionalized persons to be translated into the land-use context... Doing so yields two substantial-burden scenarios – both related to the protection of religious belief.  The first occurs when a person is forced to choose between following the precepts of his religion and avoiding the effect of a land use regulation.... The second occurs when a land use regulation places substantial pressure on a person to substantially modify his behavior in violation of his beliefs....

... [A] land use regulation imposes a substantial burden on religious exercise if it restricts access to real property that is otherwise available for the proposed exercise of religion. Second, a land use regulation – even one of general applicability – imposes a substantial burden if it limits the use of real property that is otherwise available for the proposed exercise of religion so as to prevent the proposed exercise of religion on the property.  Third, even when the imposition or implementation of a land use regulation does not directly impede religious exercise, the land use regulation may still impose a substantial burden if it has a significant adverse effect on real property that is used or otherwise available for the proposed exercise of religion....

... [I]t is unlikely that the Kingston Defendants will be able to demonstrate a compelling governmental interest in perpetuating the condemnation orders after the Building Code violations have been remediated....

Judge Restrepo dissented, saying in part:

The majority’s opinion contravenes a cohesive body of law among our sister circuits interpreting the substantial burden provision of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”).... Commentators have described the courts as “coalesce[ing] around a totality-of-the-circumstances test, examining whether the government’s actions substantially inhibit religious exercise, rather than merely inconveniencing it.”... But the majority does not engage with this caselaw and merely offers in a footnote the vague statement that “[o]ur sister circuits have taken a variety of approaches” followed by a string cite..... 

Instead, the majority relies on RLUIPA’s separate provisions governing prison inmates despite recognizing that the substantial burden analysis in the prison context is “not applicable” to RLUIPA land use cases.... RLUIPA land use decisions uniformly caution against relying on principles from prison cases because “land-use regulations do not typically compel plaintiffs to ‘violate their beliefs’ in the way that, for example, prison rules might require an inmate to engage in conduct that goes against his or her religious tenets....

Unlike the majority, I would follow the approach and guidance of our sister circuits. The circuits consider two factors that are particularly apposite here: (1) whether the plaintiff had a reasonable expectation of religious land use or whether the plaintiff’s burden was self-imposed; and (2) whether the plaintiff had ready alternatives....

Separate from the merits, this appeal fails on justiciability grounds....

Fire At Iowa Meat Packing Plant May Reduce Supply of Kosher Meat Nationally

According to KCRG News, a fire that broke out on Tuesday has destroyed 75% of the AgriStar Meat and Poultry processing plant in Postville, Iowa. The fire has been ruled as accidental. According to Brownfield Ag News, the plant is one of the largest kosher meat processing plants in the United States. It processes more than 50 million pounds of cattle products and 50 million pounds of poultry products every year. In a Statement (full text), Rabbi Moshe Elefant, CEO of OU Kosher, a major kosher certification agency that certifies Agri Star's products, said in part:

As we monitor the situation in Postville, the safety of the employees and fire fighters is our first concern. 

The damaged facility means a significant portion of kosher beef and chicken slaughtered and sold in the US will not enter the kosher supply chain.  Kosher consumers will feel the impact of the tightening supply with reduction of availability. 

We are working closely with AgriStar and all other suppliers to find solutions for ramping up production at other plants. We are also letting kosher consumers know about the importance of validating the kosher symbol and package integrity on products they purchase.... Unfortunately, when supply is limited, it creates opportunity for unscrupulous individuals who seek to make money by preying on the well-meaning Kosher observant public.

Israeli Knesset Passes Controversial Basic Law on Torah Study

Israel's Knesset yesterday passed a controversial "Basic Law" providing:

Torah study is a fundamental value in the heritage of the Jewish people and in the State of Israel.

According to Times of Israel:

The legislation makes Torah study the only value explicitly enshrined in one of Israel’s quasi-constitutional Basic Laws, which act in place of a written constitution. Haredi parties have pushed to pass the law as part of their broader effort to preserve blanket military service exemptions for ultra-Orthodox men, while opponents argue it effectively elevates Torah study above all other national values and will weaken efforts to penalize yeshiva students who disobey draft orders.

Efforts to draft Haredi men, and ultra-Orthodox resistance to that effort, has sparked a fierce debate in Israeli society and the halls of the Knesset, especially as the IDF has warned repeatedly that it faces an urgent manpower shortage....

While the final version of the legislation no longer explicitly equates Torah study with military service, following pressure from Likud, opponents argue that, even in its pared-down form, the law grants constitutional recognition to Torah study alone, elevating it above other national values, while tens of thousands of reservists continue to serve during the ongoing war....

Supreme Court Grants Review on Ripeness for RLUIPA Zoning Claims

The Supreme Court yesterday granted review in Grand v. University Heights, (Docket No. 25-965, certiorari granted 6/30/2026) (Order List). In the case, the 6th Circuit Court of Appeals (full text of 6th Circuit opinion) held that plaintiff's claims under the Religious Land Use and Institutionalized Persons Act as well as the 1st and 14th Amendments are not ripe for review.  Plaintiff, an Orthodox Jew, held weekly prayer sessions in his home for himself and his neighbors. After the city raised zoning objections, plaintiff had applied for a special use permit necessary in order to operate a "house of worship" in the area that was zoned U-1. Just before a second hearing on his application, plaintiff withdrew the application. After that hearing, the city took no further action on the application. Some 18 months later, plaintiff filed suit against the city. Affirming the district court's dismissal of the case, the 6th Circuit said in part:

... [N]either the Planning Commission nor the City Council nor the Board of Zoning Appeals has ever determined whether UHCO § 1274.01 applies to the kinds of gatherings he has in mind.  And because Grand withdrew his application, the zoning board has never issued a final decision—or for that matter any decision—about his eligibility for a special use permit.  The government body “charged with implementing the regulations,” in short, has not “reached a final decision regarding the application of the regulations to the property at issue.” ...  Grand’s claims thus never ripened into a dispute suitable for federal review.

Plaintiff's Petition for Certiorari lists as the Question Presented to the Supreme Court: 

Whether the First Amendment's established chilling-effect doctrine-- under which a credible government threat that deters the exercise of fundamental rights constitutes a complete and independently actionable constitutional injury-- is displaced by Williamson Cnty.'s land-use finality requirement when a plaintiff alleges that government threats both before and after a Planning Commission meeting chilled religious exercise, worship, and assembly.

The Court will hear arguments in the case in the Fall. ADF issued a press release announcing the Court's grant of review. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Jews for Jesus' Anti-SLAPP Motion in Defamation Case Fails

 In Amitay v. Jews for Jesus, (CA App., May 28, 2026), a California state appellate court held that a defamation claims against Jews for Jesus should not be dismissed under California's anti-SLAPP law because the claim at least has minimal merit. The court describes plaintiff's claims in part:

In December 2023, JFJ posted on its social media pages, including on Facebook and Instagram, a blurred photograph of an Israeli soldier wearing a yarmulke.  Above the photograph was the following text attributed to “Nachman”: “ ‘Thank you for leaving at my home a copy of the New Testament.  I look forward to reading it when I return home from the war’ -- Nachman, a young Haredi soldier.”

Amitay filed a complaint against JFJ....  He alleged that the photographs posted by JFJ were photographs of him, that they had been posted without his consent, and that defendant had defamed him, put him in a false light, and inflicted emotional distress.  Amitay alleged that he was a Jewish Orthodox rabbi who had “dedicated his life to the study of the Jewish Orthodox faith and committed many years studying to become a rabbi”....  He had finally gotten a job teaching at an institution in Israel where he had worked for two years, a position he described as his “dream job.”  His job “suddenly came to an end as he was terminated . . . due to an egregious act by JFJ,”.... 

Amitay alleged that when his employer “saw the pictures posted online,” they “expressly stated that his termination was due to the posts online of him supporting JFJ, and that they could not condone or be associated with someone involved with JFJ or their views.” ...

See prior related posting.  [Thanks to Eugene Volokh via Religionlaw for the lead.]

Kars4Kids Violated False Advertising and Unfair Competition Laws by Not Disclosing Its Religious Ties

In Puterbaugh v. Kars4Kids, LLC, (CA Super. Ct., May 8, 2026), a California state trial court held that Kars4Kids violated California's Unfair Competition Law and its False Advertising Law through "inherently deceptive" omissions in its ads. The organization runs short repetitive television and radio ads featuring young children playing musical instruments and asking for donations of used cars. The ads make no mention of the actual recipients of funds from the organization or of the organization's religious affiliation. The organization's website says: "Because kids are our future. Learn how you can make a difference in the life of a child." The broadcast ads do not make this statement.

The primary function of Kars4Kids is to fund Oorah, an organization that operates Jewish heritage and summer camps in New York and New Jersey. Oorah also funds matchmaking programs for young adults and gap- year trips to Israel for 17- and 18-year-olds. The court said in part:

2. The Court finds that the First Amendment does not shield the Defendant. While charities have free speech rights, the government may regulate misleading commercial speech. Fraudulent omissions in an inducement to donate property are not protected by “free expression.”...

6. The name “Kars4Kids,” the 8-10-year-old actors in the advertisement, and the repetitive jingle all serve to reinforce the belief that donations are used exclusively for the benefit of children. 

7. Under cross-examination, the COO, Esti Landau, admitted that the organization’s primary purpose is to help “Jewish kids and families throughout their lives.”...

The Court finds that the Defendant disseminated public statements concerning... vehicle donations that were misleading by omission. Under the statutory “knew or should have known” standard, the Defendant is charged with the knowledge that California donors would reasonably assume their contributions benefit a general class of children, including those within their own state. The Court finds that the Defendant’s stated intent to make the advertisement “memorable” through extreme repetition, while simultaneously stripping it of all substantive facts, constitutes an actionable strategy of deception....

The Court finds the Kars4Kids “jingle” creates a false sense of a universal, secular, and local charity. The “Kars4Kids” name, when coupled with an advertisement that “does not mention anything” about its specific mission ... is likely to deceive the public. It improperly narrows the perceived beneficiary class to “kids” to elicit emotional and financial responses, while diverting funds to a much broader religious and familial social-service network....

The court ordered Kars4Kids to end all non-compliant broadcasting in California within 30 days. Inside Radio reports on the decision.

President Declares May As Jewish American Heritage Month

On Monday, President Trump issued a Proclamation (full text) declaring May as Jewish American Heritage Month. The Proclamation reads in part:

Throughout this historic year, we rejoice in the triumph of the American spirit and rededicate ourselves to the cause of liberty and justice for all.  In special honor of 250 glorious years of American independence and on the weekend of Rededicate 250 — a national jubilee of prayer, praise, and thanksgiving — Jewish Americans are encouraged to observe a national Sabbath.  From sundown on May 15 to nightfall on May 16, friends, families, and communities of all backgrounds may come together in gratitude for our great Nation.  This day will recognize the sacred Jewish tradition of setting aside time for rest, reflection, and gratitude to the Almighty.

This month, we celebrate the contributions that Jewish Americans have made to our way of life, we honor their role in shaping the story of our Nation, and we remember that religious devotion, learning, and service to others are enduring pillars of a thriving culture....

Ohio AG Sues to Prevent Closing of Reform Rabbinical School in Cincinnati

Ohio Attorney General David Yost has filed suit in an Ohio state trial court seeking to prevent Hebrew Union College (HUC) from closing its 150-year-old Cincinnati rabbinical school. The closure is planned for the end of the 2025-26 academic year. In 1950, when HUC (originally formed as a charitable trust) consolidated with the New York based Jewish Institute of Religion, the Consolidation Agreement provided that the consolidated non-profit corporation would maintain rabbinical schools in both Cincinnati and New York. The complaint (full text) in Yost v. Hebrew Union College-Jewish Institute of Religion, (OH Com. Pl, filed 4/10/2026), alleges unjust enrichment and breaches of fiduciary duty. It seeks reformation of the charitable trust to fulfill the promise of maintaining a rabbinical school in Cincinnati. The complaint alleges in part:

[A] significant number and monetary amount of the donations made to the College prior to April 2022 were made due, in whole or in part, to the College's commitment to a permanent rabbinical school in Cincinnati...

The College has a duty, among others, to hold and administer assets in accordance with the intentions of donors.... 

Relief requested in the complaint includes requiring assets held or given in Ohio be used to support a permanent school in the Cincinnati area for research, education and preparation of rabbis and leaders of Reform Judaism.

Attorney General Yost issued a press release announcing the filing of the lawsuit. The press release points out that previous litigation resulted in a settlement to protect the College's rare book collection.

DOJ Settles RLUIPA Zoning Dispute with Pennsylvania Town

In June 2025, the Justice Department instituted an investigation of alleged RLUIPA violations by the Borough of Kingston, Pennsylvania. At issue has been the application of a 2023 Kingston zoning ordinance to attempts by the Orthodox Jewish Chabad organization to locate sites for places of worship and other religious facilities for its growing population. (See prior related posting.) On Wednesday, the Justice Department announced that it had reached a settlement agreement with Kingston.  To implement the agreement, the government filed a lawsuit against Kingston and along with it filed a proposed consent order (full text). The complaint (full text) in United States v. Borough of Kingston, (MD PA, filed 2/4/2026), alleges in part:

107. Kingston acted in violation of RLUIPA by “impos[ing] or  implement[ing] a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” 42  U.S.C. § 2000cc(b)(l)....

110. Kingston’s enactment and application of the 2023 Zoning Ordinance, and Kingston’s conduct described in this Complaint, constitute the imposition or implementation of a land use regulation that unreasonably limits religious assemblies, institutions, or structures within a jurisdiction in violation of RLUIPA, 42 U.S.C. § 2000cc(b)(3)(B). 

 The consent order requires Kingston to make various amendments to its zoning ordinance.

3rd Circuit Hears Arguments in Yeshiva's Zoning Dispute

Last Thursday, the U.S. Third Circuit Court of Appeals heard oral arguments (audio and transcript of full oral arguments) in Anash, Inc. v. Borough of Kingston, (3d Cir., argued 1/22/2026). In the case, a Pennsylvania federal district court refused to grant a preliminary injunction to an Orthodox Jewish Yeshiva whose property was condemned.  The Borough of Kingston contended that the property was being used for a school and dormitory in violation of zoning ordinances. The district court concluded that plaintiff was not suffering irreparable harm, and that it was not likely that plaintiff would succeed on the merits of its challenge to the relevant zoning ordinance. (See prior posting.)  On appeal, the Yeshiva claimed violations of RLUIPA and of the due process clause.

Certiorari Denied in Chabad's Suit Against the Russian Federation

The U.S. Supreme Court today denied review in Agudas Chasidei Chabad v. Russian Federation, (Sup. Ct., Docket No. 24-909, certiorari denied 1/20/2026) (Order List). The case is part of the long-running attempt by Chasidei Chabad of the United States to force Russia to return two collections of valuable Jewish religious books and manuscripts which it expropriated decades ago. In 2010, Chabad obtained a default judgment against the Russian Federation. (See prior posting.) In 2013, the D.C. federal district court held the Russian Federation in contempt for failing to comply with the order to return the books and imposed $50,000 per day sanctions on the Russian Federation. (See prior posting.) Those sanctions have now accrued to over $175 million. Most recently, Chabad has attempted to collect these amounts by attaching the property of three companies it claims are owned and controlled by the Russian Federation. In a 2024 opinion (full text), the D.C. Circuit Court of Appeals held that the Russian Federation had sovereign immunity under the Foreign Sovereign Immunities Act so that the default judgment entered in 2010 was invalid. Without a valid judgement, according to the D.C. Circuit "there is no predicate for Chabad to attach the property of companies the Federation allegedly owns and controls." It is this decision that the Supreme Court today refused to review.

This may not end the case, however, because the D.C. Circuit said that it was not reversing the district court's finding of jurisdiction over the Russian State Library and the Russian State Military Archive which currently hold the book collections. The D.C. Circuit also said that Chabad may be able to sue the Russian Ministry of Culture and Mass Communications.

"In God We Trust" On Currency Does Not Burden Jewish Plaintiff's Religious Exercise

 In Clayman v. Bessant, (SD FL, Nov. 24, 2025), a Florida federal district court rejected plaintiff's RFRA, Free Exercise, Establishment Clause, Takings Clause and other challenges to the phrase "In God We Trust" on U.S. coins and currency. Plaintiff alleged that unlike prior cases which have rejected similar claims, he raises "unique Jewish religious objections" and cites "Jewish Hasmonean and Maccabean religious traditions and obligations, which strongly oppose the casual or superfluous use of G-d’s sacred Name in secular contexts." According to the court:

Plaintiff alleges that he was incarcerated for 28 days due to his inability to pay cash-only bail;  that he continues to be vulnerable to pretrial detention due to the unavailability of cashless bail; that he is excluded from certain employment because he cannot handle cash; that he faces surcharges for not using cash; that he has difficulty with road trips in that he has to avoid cash-only tolls; that he cannot hold cash in contemplation of electronic systems failing due to natural disasters; that his future children’s lives will be disrupted because they cannot handle cash; that he has difficulty tipping and donating to the needy; that he cannot walk into public bathrooms with cash on his person; that he cannot park in cash-only lots; that he is unable to accept small-dollar political contributions; that he cannot operate a retail business; that he was unable to use $2,000 in cash he received as wedding gifts; that he suffers from a loss of privacy; and that he is excluded from cash-only services such as laundromats, bars, social events, and street food.  

In dismissing plaintiff's claims (with leave to amend), the court concluded that plaintiff had not established that the government has substantially burdened his exercise of religion.

FACE Act Suit Filed Against Anti-Israel Agitators

Suit was filed this week in a California federal district court against nine named defendants and 40 unnamed defendants alleging disruption of interfaith and Christian religious services by anti-Israel agitators. The complaint (full text) in Christian and Jewish Alliance, Inc. v. Brunner, (SD CA, filed 11/4/2025), alleges violation of provisions of the FACE Act which impose civil liability for physically interfering with the exercise of the 1st Amendment right to religious freedom at a place of worship.  It also alleges a claim for trespass. The complaint reads in part:

As worshipers have gathered at three separate events this year, a mob has targeted Plaintiffs The Mission Church .. of Carlsbad and The Christian & Jewish Alliance ... of the San Diego area, interfering with their worship services, intimidating their members and guests, and obstructing their access to gather safely. This mob targeted the Church and the Alliance due to the sincere religious beliefs of their members that require support for Israel. Plaintiff Ruth Mastron, a Jewish resident of Oceanside, was assaulted as she attempted to enter one of these events.

First Liberty Institute issued a press release announcing the filing of the lawsuit.

Trump Calls Out Jews Who Vote for Mamdani

 In a Truth Social post (full text) yesterday, President Donald Trump said:

Any Jewish person who votes for Zohran Mamdani, a proven and self-professed JEW HATER, is a stupid person!!!

Axios reports on the President's remarks.

Village's Zoning Law for Places of Worship Is Unconstitutional

In Lubavitch of Old Westbury, Inc. v. Incorporated Village of Old Westbury, New York, (ED NY, Oct. 30, 2025), a New York federal district court granted partial summary judgment to a Lubavitch organization that wants to build a Chabad House on land in Old Westbury. Plaintiffs allege that the Village has thwarted their efforts by enacting a discriminatory Places of Worship zoning law. The court said in part:

On a full summary judgment record, the case for the facial infirmity of the POW [Places of Worship] Law has been strengthened. ... The record now available demonstrates many more ways in which the POW Law treats religious development less favorably than comparable secular land uses.  Thus, the Court grants plaintiffs’ motion, denies defendant’s motion, and declares the POW Law facially invalid under the United States Constitution....

Given the irresponsible and misleading arguments lodged by defense counsel in its filings, which border on contumacious, the Court considered striking the defendant’s motion.  However, considering the seeming interminability of this case, the motion will be resolved if only to avoid further delay.  Furthermore, despite weighty submissions, defendant’s motion can be easily dispatched....

It has been almost seventeen years since this matter was filed.  In its last major decision in this case, this Court declared as follows: 

The allegations raise serious issues of constitutional magnitude, and this matter has lingered far too long.  That ends now. Counsel will be expected to work diligently to bring this matter to resolution—in whatever form that might occur—with all deliberate speed....

Two more years of litigation, and the matter remains at this unsatisfactory juncture: the Court has now determined that the Village enacted a discriminatory law in violation of the United States Constitution.  Plaintiffs still have been unable to construct their Chabad.  Still more legal battles, costs and delays lie ahead.

It would behoove all involved to work together to reach a satisfactory resolution of this matter.  Given its history, the undersigned cannot reasonably hold out much hope.  

In a footnote, the court described the difficult issues on computation of damages that remain:

... [C]ounsel represents that “from 1999 to 2020 [plaintiffs] lost more than $15 million in pledged donor commitments,” while “Rabbi Konikov’s lost earnings and benefits . . . exceed $5 million.”...  As these figures include a time frame that predates the filing of litigation by nearly a decade, may well include speculative matters and, at a high level, would suggest double-counting, it is clear that, should the litigation proceed to that stage, the risks and costs will be substantial.   

Canceling Concert Because of Reaction to Jewish Musician's Pro-Israel Posting Is Not Religious Discrimination

In Pauker v. Heart Consciousness Church, Inc., (ND CA, Oct. 9, 2025), a California federal district court dismissed religious and racial discrimination claims brought by a Jewish musician against a concert venue that cancelled his Hanukkah concert because of negative community reaction to the musician's Facebook post in support of Israel. The court said in part:

All of Pauker’s claims require at least racial or religious discrimination to be actionable.  But the allegations in Pauker’s complaint fail to raise a reasonable inference of such discrimination.  To the contrary, the complaint offers an alternative basis for Harbin’s decision to cancel Pauker’s performance:  a severe, negative community reaction.  For that reason, among others, Pauker fails to state a claim upon which relief could be granted.....

The parties differ on whether Pauker’s Facebook post implicates his religion or race.  Pauker centers his allegations on his Zionist beliefs—insisting that Zionism is a proxy for Judaism or Jewish racial identity....  Heart rejects this argument, contending that Zionism is purely political....  The Court notes that the relationship between Zionism and Judaism is “hotly disputed.”...  But parsing this issue is ultimately unnecessary because Heart is correct that Pauker fails to allege Harbin targeted him because he is Jewish....  

... Pauker alleges that Harbin reiterated it was “canceling the event due to community complaints about” Pauker’s Zionism, particularly his Facebook post.... Harbin conveyed that the backlash to Pauker was widespread and came from “community members, including performers and presenters.”...Pauker does not allege that Harbin’s stated reasoning was pretextual or that Harbin commented critically on his beliefs or Jewish faith.

[Thanks to Eugene Volokh via Religionlaaw for the lead.] 

IDEA Requires New York To Pay for Kindergartener's Judaic Studies Class

In Board of Education of the City School District of the City of New York v. E.L., (SD NY, Sept. 30, 2025), a New York federal district court upheld a decision by a State Review Officer who decided that under the Individuals with Disabilities Education Act (IDEA), New York schools must pay for a Judaic Studies class that is part of the curriculum of a private school which a kindergarten student with a disability attends. The private school was found to be an appropriate placement for the student after public schools failed to offer the student a free appropriate public education (FAPE). At issue was whether paying for the Judaic studies part of the curriculum violates federal regulations or constitutional provisions. The court said in part:

Here, there is no dispute that the IDEA’s guarantee of a FAPE and reimbursement for tuition at an appropriate school is a neutral program. There is no dispute that funding appropriately provided under that program adheres to federal regulations and the Constitution. The DOE, however, appears to argue that the Judaic Studies classes are not covered by that neutral program—that they are unnecessary religious instruction falling outside the IDEA educational guarantee. This issue is best resolved with an understanding of what a child of E.L.’s age needs to obtain a FAPE and whether the absence of his enrollment in Judaic Studies classes would prevent him from obtaining that FAPE. In other words, this question implicates educational expertise that is best left to the administrative officers. 

... [T]he Court finds that the Judaic Studies classes are a core part of E.L.’s FAPE. The SINAI School director testified that Judaic Studies classes work on reading comprehension skills, and expressive and receptive language skills.... Moreover, the classes comprise a key part of the school day, taking place for thirty minutes to an hour in the morning, between other classes such as language studies, art therapy, and educational therapy.... For a five-year-old, these are critical periods of learning and development. To deny funding for these specific class periods would effectively exclude the child from these periods of learning.

President Sends Yom Kippur Greetings to the Jewish Community

The White House today posted President Trump's Message on Yom Kippur (full text) which begins today at sundown. The message says in part:

As you observe this blessed day, my Administration is working to strengthen our proud national tradition of religious liberty, end faith-based persecution, and further the sacred cause of peace both at home and abroad.

We wish the Jewish faithful a meaningful Sabbath of Sabbaths.  May you be inscribed in the Book of Life, may God bless you, and may He continue to bless the United States of America.

President Sends Rosh Hashanah Greetings

Rosh Hashanah-- the Jewish New Year-- begins at sundown this evening. The White House today posted a Presidential Message on Rosh Hashanah. In it, President Trump said in part: 

As the Jewish community gathers for this special time of spiritual renewal, my Administration recommits to upholding religious liberty and ending faith-based persecution—including the scourge of anti-Semitism.  Above all, we pledge to build a future of peace—and to recognize the dignity imprinted on every human soul.

One Plaintiff Has Standing to Challenge Kentucky Abortion Ban on Religious Grounds

In Sobel v. Coleman, (KY App., July 11, 2025), a Kentucky state appeals court partially reversed a trial court's decision and held that one of the plaintiffs challenging Kentucky's abortion ban has standing to pursue her claim that the law violates her rights under Kentucky's Religious Freedom Restoration Act. The court said in part:

The primary argument of this case revolves around the embryos created with IVF.  During IVF, multiple eggs of a woman are fertilized.  This can lead to excess embryos that are not implanted in the woman.  These extra embryos are either frozen and stored, disposed of, or donated.  Appellants claim that the destruction of any unviable or unused embryos could lead to criminal charges relating to the death of an unborn child....

Appellants ... claim that their Jewish faith requires them to increase their family and multiply.  They argue that restricting their access to IVF due to the unclear notion of unborn child and unborn human being violates their religion.  They also claim that their faith prioritizes the life of a mother over the life of a fetus; therefore, restrictions on abortion violate their faith.  Further, they claim that their faith does not support the idea that life begins at conception, rather that a fetus becomes a child only once it exits the mother’s body.  They claim that the laws in Kentucky surrounding abortion are Christian in nature and do not take into consideration their faith....

Ms. Kalb has taken active steps to get pregnant.  She has nine embryos in frozen storage ready for her use and she scheduled, but ultimately canceled, an embryo implantation in 2022.  Ms. Kalb’s actions show imminence in a potential injury sufficient to satisfy standing for her religious-based claims.

The Forward reports on the decision.