Law Student Religious Liberty Writing Competition Announced

The J. Reuben Clark Law Society has published an announcement of its 10th Annual Religious Liberty Writing Competition.  The competition is open to law students and to students pursuing related graduate studies.  Papers must be submitted by July 1.

Trinity Western Drops Community Covenant Requirement For Students

As previously reported, in June the Supreme Court of Canada upheld the decision by two provinces to refuse to accredit Trinity Western University's proposed new law school. The provinces took the action because of the University's religious-based Community Covenant which, among other things, barred students, faculty and staff from "sexual intimacy that violates the sacredness of marriage between a man and a woman."  In response, last week the University announced that the Covenant will no longer be mandatory for students.  However, as reported by Inside Higher Ed, the Covenant will remain mandatory for faculty, staff and administrators. [Thanks to Steven H. Sholk for the lead via TaxProf Blog.]

Canada's Supreme Court: Provinces Can Refuse Law School Accreditation Over LGBTQ Rights

In a pair of decisions today, the Supreme Court of Canada held that the bodies controlling the legal profession in British Columbia and Ontario can, without violating Canada's Charter of Rights and Freedoms, refuse to accredit Trinity Western University's proposed new law school.  At issue in Law Society of British Columbia v. Trinity Western University and in Trinity Western University v. Law Society of Upper Canada, (Sup. Ct. Canada, June 15, 2018), is the requirement by Trinity Western, an evangelical Christian university, that its students and faculty abide by a religiously-based code of conduct.  The so-called Community Covenant Agreement prohibits "sexual intimacy that violates the sacredness of marriage between a man and a woman."  In 7-2 decisions, the court concluded that the decision to refuse accreditation significantly advances the objective of maintaining equal access to and diversity in the legal profession and prevents the risk of significant harm to LGBTQ people.  In British Columbia decision, the court added:

The public confidence in the administration of justice could be undermined by the LSBC’s decision to approve a law school that forces some to deny a crucial component of their identity in the most  private and personal of spaces for three years in order to receive a legal education.

In the Ontario decision, the court said in part:

The LSUC’s decision means that TWU’s community members cannot impose those religious beliefs on fellow law students, since they have an inequitable impact and can cause significant harm. The LSUC chose an interpretation of the public interest which mandates access to law schools based on merit and diversity, rather than exclusionary religious practices.

CBC News reports on the decision.

Nominations Sought For Law Faculty Law & Religion Scholarship Award

The Association of American Law Schools Section on Law and Religion has issued the following Call for Nominations:

Harold Berman Award for Excellence in Scholarship

The AALS Section on Law and Religion seeks nominations for the Harold Berman Award for Excellence in Scholarship. This annual award recognizes a paper that “has made an outstanding scholarly contribution to the field of law and religion,” in the words of the prize rules. To be eligible, a paper must be published between July 15, 2017 and July 15, 2018. The author must be “a faculty member at an AALS Member School with no more than 10 years’ experience as a faculty member.” Fellows are eligible. Self-nominations are accepted. Nominations should include the name of the author, the title of the paper, a statement of eligibility, and a brief rationale for choosing the paper for the award. Nominations should be sent to Nelson Tebbe at nt277@cornell.edu by August 15, 2018. The winner will receive an award plaque at the AALS annual meeting in January, 2019. The prize committee members are Stephanie Barclay, Thomas C. Berg, Haider Ala Hamoudi, Elizabeth Sepper, and Nelson Tebbe (chair).

Nigerian Lawyer's Group Denies Law School Grad Bar Admission Because of Hijab

According to a report on Friday from Al Jazeera, the Lagos-based Nigerian Law School has refused to allow a Muslim woman graduate to receive her call to the bar (i.e. be sworn in as a lawyer) because she insists on wearing her hijab under her traditional barrister's wig.  On Dec. 12, the Body of Benchers refused to allow Amasa Firdaus Abdulsalam to enter the Conference Centre where the call to the bar is held because she was in violation of the Law School's dress code.

6th Circuit Rejects Law Prof's Claim That $666 Raise Was Retaliatory As "Mark of the Beast"

In Lifter v. Cleveland State University, (6th Cir., Sept. 12, 2017), the U.S. 6th Circuit Court of Appeals affirmed an Ohio federal district court's dismissal of a lawsuit by two former Cleveland State University Law School professors (husband and wife) who claim that the dean had retaliated against them because of the husband's activity in unionizing the faculty.  Plaintiff Sheldon Gelman argued that part of the retaliation was awarding him a raise of only $666 for the year.  He contended that not only did he deserve more, but that the dean chose the $666 figure as an intentional invocation of the biblical "mark of the beast."  The court dismissed Gelman's claim, saying:

Construing the facts in the light most favorable to Gelman, he cannot show that his union organizing activities were a substantial or motivating factor in these alleged injuries.

Law.com reports on the decision.

Law and Religion Prof Seriously Injured In Attack

Above the Law reports that law professor Leslie Griffin, an expert and prolific writer in the area of law and religion, was seriously injured when she was attacked in a Henderson, Nevada park near her home last Friday.  The brutal attack, allegedly perpetrated by a man who was out of jail on supervised release after a domestic battery incident, occurred while Griffin was jogging.  Griffin is William S. Boyd Professor of Law at University of Nevada Law Vegas Law School.  We all wish Prof. Griffin a full and speedy recovery.

Nova Scotia Appeals Court Overturns Refusal To Recognize Christian Law School's Graduates

In Nova Scotia Barristers’ Society v. Trinity Western University, (NS Ct., App., July 26, 2016), the Nova Scotia Court of Appeal, without reaching religious liberty claims, held that the Nova Scotia Barristers' Society exceeded its authority in adopting a regulation that effectively barred graduates of a Christian law school based in British Columbia from being admitted to the bar in Nova Scotia by refusing to allow them to article there.  At issue was Trinity Western University's "community covenant" that requires students and faculty to abide by various Biblical teachings, including a ban on sexual intimacy outside of heterosexual marriage.  The Barristers' Society passed a resolution refusing to recognize Trinity Western's degrees because the community covenant is discriminatory.  The Society subsequently amended its regulations to allow non-recognition of law schools that unlawfully discriminate on grounds prohibited by the Charter of Rights and Freedoms and the Nova Scotia Human Rights Act. The court said:

It is inconceivable that the Legislature, without expressing a supportive word in either the Legal Profession Act or the Human Rights Act, intended that the Society’s Council could assert for itself an autonomous jurisdiction concurrent with that of a human rights board of inquiry.

The court went on to conclude that even if the Society's regulation had been properly adopted, Trinity Western did not violate Nova Scotia's Human Rights Act since all its activities occurred in British Columbia, and Trinity Western is not subject to the Charter of Rights because it is a private university. ADF issued a press release announcing the decision, and The Globe and Mail reports on it.

Alumni Complain To ABA That BYU Law School Expels Mormon Students Who Leave The Church

The Salt Lake Tribune reported yesterday that the American Bar Association is investigating a complaint filed against Brigham Young University Law School by a group of its alumni calling themselves FreeBYU.  The group charges the law school with continued enforcement of provisions in its Honor Code that results in expelling Mormon students who leave the LDS Church while they are enrolled in law school.  Similarly the students are fired from their campus jobs and evicted from campus housing. (Background.)  The Honor Code applies as well to faculty.  FreeBYU says that the school's ban on homosexual behavior and sex-reassignment surgery also violates ABA anti-discrimination standards (ABA Standards for Approval of Law Schools, Standard 205).

Texas Bar Committee Backs Off Refusal To Certify Christian Ethics CLE Course

As reported by Catholic Education Daily, the State Bar of Texas Minimum Continuing Legal Education Committee last week backed off of its controversial refusal last November (see prior posting) to certify a religious-themed continuing legal education program for "Legal Ethics/ Professional Responsibility" credit.  Texas Gov. Greg Abbott had charged the Committee with religious discrimination after it refused to approve a St. Mary's law school professor's CLE program on "Christian Ethical Perspectives: Faith and Law Today" for ethics credit.  In its January 12 letter (full text) to the professor, Bill Piatt, the Committee said in part:

It has become clear that the November 4 letter conveyed an unintended and incorrect impression regarding the MCLE Committee's position regarding the provision of credit for courses containing moral or religious content.  We take responsibility for and regret the miscommunication.

Texas Gov. Abbott Accuses State Bar's CLE Committee of Religious Discrimination

Texas Lawyer reported yesterday that Texas Governor Greg Abbott has now weighed in on a refusal by the State Bar's Minimum Continuing Legal Education Committee to certify a law professor's continuing legal education program for "Legal Ethics/ Professional Responsibility" credit.  Under Texas MCLE rules, all lawyers must take 15 hours per year of continuing legal education, 3 hours of which must be in legal ethics/ professional responsibility.  The State Bar's Accreditation Standards provide:

"Legal Ethics and Legal Professional Responsibility" shall include, but not be limited to the accreditation of those topics involving disciplinary rules of professional conduct, rules of disciplinary procedure, and the use and availability of alternative dispute resolution and pro-bono services....

"Legal Ethics and Legal Professional Responsibility" shall not include programs or topics that deal with government or business ethics, individual religious or moral responsibilities, training in personal organizational skills, general office skills, time management, leadership skills or stress management.

Applying these standards, the State Bar's MCLE Committee refused to approve St. Mary's law school professor Bill Piatt's CLE program on "Christian Ethical Perspectives: Faith and Law Today" for ethics credit. Sponsors of the program are appealing to the State Bar of Texas board of directors.  Gov. Abbott's general counsel has written to the State Bar president urging a change in the definition of "legal ethics" in the MCLE rules, contending that the current definition is "based on a shallow and impoverished understanding of legal ethics and an unduly narrow view of legal education."  He suggested that the refusal to accredit could be seen as religious discrimination against the program sponsors.  A week later, Gov. Abbott posted a blunter statement on his Facebook page:

I'm accusing Texas State Bar of religious discrimination for denying continuing education credit for Christian legal ethics programs. The Texas State Bar leaders should be compelled to read my winning arguments upholding the Ten Commandments and "One Nation Under God."

The parties are meeting next week to try to work out a solution before the Jan. 21 appeal hearing.

Villanova Creates New Center for Law and Religion

Villanova University School of Law yesterday announced the creation of its new Center for Law and Religion endowed by a $2 million gift from Joseph and Eleanor McCullen. The Center will sponsor innovative courses, conferences and seminars on emerging advocacy issues in law and religion. The new Center is now listed in the Religion Clause sidebar under "Academic Centers."

$1M Gift To Emory Will Support Expanded Religious Freedom Education

Emory Law School's Center for the Study of Law and Religion announced last week that it has received an anonymous $1 million gift for a 4-year project called "Restoring Religious Freedom: Education, Outreach, and Good Citizenship," The fund will support internships and externships for students, lectures, conferences and  will begin a new series of publications on law and religion practice guidelines.

Ontario Court Upholds Law Society's Refusal To Accredit Christian Law School

In Trinity Western University v. Law Society of Upper Canada, (ON Super. Ct., July 2, 2015), a 3-judge panel of the Ontario Superior Court of Justice upheld the decision of the Law Society of Upper Canada to deny accreditation to the law school which Trinity Western University (TWU)-- an evangelical Christian school-- plans to open.  The Law Society's denial was based on TWU's Community Covenant that all students are required to sign, and in particular the Covenant's ban on "sexual intimacy that violates the sacredness of marriage between a man and a woman."

According to the court, the Law Society "was essentially asked to approve and accept students from an institution that engaged in discrimination against persons
who did not share the religious beliefs that were held by TWU, and the student body that it prefers to have at its institution." The court went on:

In exercising its mandate to advance the cause of justice, to maintain the rule of law, and to act in the public interest, the [Law Society] was entitled to balance the applicants’ rights to freedom of religion with the equality rights of its future members, who include members from two historically disadvantaged minorities (LGBTQ persons and women). It was entitled to consider the impact on those equality rights of accrediting TWU’s law school, and thereby appear to give recognition and approval to institutional discrimination against those same minorities. Condoning discrimination can be ever much as harmful as the act of discrimination itself.

Mondaq summarizes the decision.

Nova Scotia Supreme Court Rules In Favor of Trinity Western Law School

In Trinity Western University v. Nova Scotia Barristers’ Society, (NS SC, Jan. 28, 2015), the Nova Scotia Supreme Court, in a 138-page opinion, held that the Nova Scotia Barristers' Society exceeded its authority when it refused to recognize law degrees of Trinity Western University Law School so long as the Christian school's policy continues to prohibit students from engaging in sexual relations outside of traditional heterosexual marriage. According to the Court, the Society has the authority to deal with the education and qualifications of those who practice law in the province. Its action here however dealt with a University policy that does not affect the quality of its graduates.

The Court went on to hold that even if the Society had authority to refuse to recognize TWU's law degrees, it did not exercise the authority in a way that reasonably respects religious liberty and freedom of conscience:

People have the right to attend a private religious university that imposes a religiously based code of conduct. That is the case even if the effect of that code is to exclude others or offend others who will not or cannot comply with the code of conduct. Learning in an environment with people who promise to comply with the code is a religious practice and an expression of religious faith. There is nothing illegal or even rogue about that. That is a messy and uncomfortable fact of life in a pluralistic society. Requiring a person to give up that right in order to get his or her professional education recognized is an infringement of religious freedom.

The Halifax Herald News reports on the decision.

Home Province British Columbia Reverses Approval of Christian Law School

In Canada, the controversial Trinity Western University has been dealt a severe setback in its efforts to create a law school based on Christian teachings.  As reported yesterday by Life Site News, benchers of the British Columbia Law Society have voted to rescind their previous approval of the law school after a referendum of the entire membership voted 3 to 1 against the school because of its "community covenant" which requires staff, faculty and students to refrain, among other things, from sex outside of heterosexual marriage. (See prior posting.) Because the school is based in British Columbia, it will be particularly difficult to operate if students are ineligible for bar membership in their home province. The school is now considering whether to appeal the decision to the courts.

2015 National Religious Freedom Moot Court Competion Announced

The George Washington University Law School has announced that again this academic year it is hosting the National Religious Freedom Moot Court Competition. The event pits teams from various law schools around the country against one another in arguing a hypothetical religious freedom case.  This year's competition, which will take place on Feb. 6-7, 2015, involves a case in which teachers object on conscientious grounds to a hypothetical D.C. law that requires them to carry firearms on public school property during school hours.

Professor's Law Review Article Used In Robocall By Opponent in Mayoral Race

In 2010, then-Associate Professor Jorge Elorza at Roger Williams University Law School published an interesting and sophisticated 65-page law review article in Pittsburgh Law Review titled Secularism and the Constitution: Can Government Be Too Secular?  (Given the timing, this may well have been his "tenure piece.") Elorza, now a full professor, is on leave and running as the Democratic candidate for mayor of Providence, Rhode Island.  WPRI News reported yesterday that the law review article has become the subject of a robocall attack by one of Elorza's opponents in the mayoral race, independent candidate Vincent A. “Buddy” Cianci Jr.:

The caller asks the listener to press 1 if they agree with Cianci that teaching about the existence or nonexistence of God “does not belong in schools,” or press 2 if they agree with Elorza that it would be acceptable “to teach in schools that there is no God.”

New Brunswick Law Society Members Call On Council To Revoke Approval of Christian Law School

In Canada, controversy over the new Christian-affiliated Trinity Western University Law School continues. The school, scheduled to open in 2016, requires students, faculty and staff to subscribe to its religious-based "community covenant" which, among other things, prohibits sex outside of heterosexual marriage. In June, the Council of the New Brunswick Law Society voted to accredit the law school, clearing the way for its graduates to practice in the province.  However, according to yesterday's Straight Talk, at a special general meeting held last week, Law Society members in an advisory vote of 137-30 called on the Council not to approve the school.

Lawyers In British Columbia Want Trinity Western Law School Rejected

In Canada, British Columbia-based Trinity Western, a Christian liberal arts university, has suffered a setback in its efforts to open a law school in 2016. The school is controversial because of the university's "community covenant" which requires staff, faculty and students to refrain, among other things, from sex outside of heterosexual marriage.  As previously reported, earlier this year the benchers of the Law Society of British Columbia voted to approve the proposed law school, making its graduates eligible to enter the Law Society's bar admissions program. Subsequently, however, over 1,000 British Columbia lawyers petitioned the Law Society to allow a vote of the entire membership on the issue.  Canadian Press reports that an advisory vote of the general membership was held on Tuesday and lawyers voted 3,210 to 968 for a resolution calling for the benchers to reject the school. Trinity Western is already in the process of suing law societies in Ontario and Nova Scotia which have refused to approve the school's graduates for bar admission. (See prior posting.)