Supreme Court Denies Review In North Dakota Fetal Heart Beat Abortion Ban

The U.S. Supreme Court today denied certiorari in Stenehjem v. MKB Management Corp., (Docket No. 15-627, cert. denied 1/25/2016). (Order List.)  In the case, the U.S. 8th Circuit Court of Appeals (full text) held unconstitutional North Dakota's ban on abortions from the time the fetus possesses a detectable heartbeat. ABC News reports on the denial of review.

Suit Against Church Claims Plaintiffs Were Defamed After They Opposed Hiring Openly Gay Pastor

The Fargo Forum in an initial and follow-up article reports on a lawsuit filed this week in Cass County, North Dakota state district court against a Kindred, North Dakota Lutheran church, church leaders and the church's parent bodies.  Plaintiffs Ray and Joan Grabanski who had been church members for 23 years seek damages for defamation and infliction of emotional distress. The Grabanskis opposed the church's hiring of an openly gay pastor. As recounted by the Forum:

The lawsuit says when the Grabanskis made their views known, they were subjected to "public ridicule, scorn, intimidation, isolation" by the church leadership, and were told the congregation was too liberal for them.

Joan Grabanski was asked to stop teaching Sunday school, and the couple was told they could leave or be forced out, with church leaders calling them "a cancer," the lawsuit alleges.

The lawsuit alleges the local synod of the ELCA was aware of the conflict and failed to stop the damaging behavior.

It names the ELCA and the Eastern North Dakota Synod of the ELCA, as well as the church's interim pastor and two other church leaders.

Defendants are seeking dismissal arguing that civil courts lack jurisdiction to adjudicate doctrinal beliefs or interpret a church's constitution. [Thanks to Christopher Dodson for the lead.]

Suit Challenges North Dakota's Same-Sex Marriage Ban

Religion News Service reports that on Friday, a federal lawsuit was filed challenging North Dakota's state constitutional and statutory bans on same-sex marriage.  Up to now, North Dakota had been the last state with an unchallenged gay marriage ban.  The complaint (full text) in Ramsay v. Dalrymple, (D ND, filed 6/6/2014) challenges both the ban on same-sex marriages in the state and the state's refusal to recognize same-sex marriages performed elsewhere. It contends that the bans violate the equal protection and due process clauses of the 14th Amendment, and that the non-recognition of out-of-state marriages infringes on the fundamental right to travel. According to Freedom To Marry, there are now ongoing court challenges to same-sex marriage bans and/or non-recognition requirements in 31 states and Puerto Rico. Nineteen states and the District of Columbia already have full marriage equality.