State Sends Religious Publication To Families of Auto Accident Victims

The American Humanist Association in a press release yesterday called attention to an unusual state government practice of disseminating a religious publication. The South Carolina Department of Public Safety sends to families of individuals killed in auto accidents a book titled "A Time To Grieve."  The book is published by a Christian ministry, and contains numerous Bible passages and religious messages offering religious comfort to those who have lost a loved one.  In a letter to the Department of Public Safety, the Appignani Humanist Legal Center sets out at length its Establishment Clause objections to the Department's practice.

UPDATE: As reported by The State (Jan.5), in response to the complaint, the Department of Public Safety has decided to stop the distribution, saying:

We regret that any family member would have misunderstood our intentions or was offended by our effort to offer compassion during such a difficult time. Since this concern was brought to our attention, we have re-evaluated the 'A Time to Grieve' and will no longer send those particular pieces of literature to families following the death of a loved one in a motor-vehicle collision.

Court Refuses To Invoke Ministerial Exception Doctrine To Dismiss Discrimination Suit At Early Stage

In Yin v. Columbia International University, (D SC, Sept. 26, 2016), a South Carolina federal district court, agreeing with a magistrate's recommendation, rejected defendant's invocation of the ministerial exception doctrine as a basis for dismissing for failure to state a claim (Rule 12(b)(6)) a Title VII and the Equal Pay Act lawsuit.  Plaintiff, a female Asian-American Ph.D., was terminated from her faculty position at CIU, a multi-denominational Christian college. She claimed racial, gender and national origin discrimination as well as retaliation. The college claimed that plaintiff (who taught in the school's education program) was required to further the spiritual and pastoral mission of the University including teaching the gospel, spreading the Christian faith, and participating in worship.  However the court held since plaintiff's complaint does not reflect these duties, it is too early in the proceedings to dismiss on ministerial exception grounds.

4th Circuit Revives Some Claims In Challenge To School District's Graduation Practices

American Humanist Association v. Greenville County School District, (4th Cir., June 21, 2016), is a challenge to the graduation ceremony prayer policy of the Greenville County, South Carolina school district, as well as to its practice of holding some graduation ceremonies at a religious chapel on a local college campus.  In a largely procedural ruling, the U.S. 4th Circuit Court of Appeals vacated in part the district court's dismissal of the case.  On the challenge to graduation prayer, the court held that because the individual plaintiffs named in the lawsuit had moved out of state while the appeal was pending so their children no longer attended school in the district, the suit was moot as to them.  However it remanded for further discovery to determine whether the organizational plaintiff, American Humanist Association, continues to have standing because of the interests of other of its members.

The appeals court agreed with the district court that the claim for injunctive relief to bar holding of future graduation ceremonies in religious venues should be dismissed because while the case was still pending in district court plaintiffs moved within the district to schools that had never used religious venues for school events.  However the appeals court held that plaintiffs continued to have standing to pursue their claim for nominal damages because of past use of the religious chapel for graduation. American Humanist Association issued a press release announcing the decision. (See prior related posting.) Greenville News reports on the decision.

4th Circuit Hears Oral Arguments In Graduation Prayer and Venue Case

On Tuesday, the U.S. 4th Circuit Court of Appeals heard oral arguments in American Humanist Association v. Greenville County School District. (Audio of full oral arguments.) At issue was the graduation ceremony prayer policy of the Greenville County, South Carolina school district, as well as its practice of holding some graduation ceremonies at a religious chapel on a local college campus. (See prior posting.) Greenville News reports on the oral arguments.

The Citadel Refuses Religious Accommodation In Uniform Requirement

Washington Post reported yesterday on a controversial decision by The Citadel to refuse a religious accommodation to its strict student uniform requirement.  The South Carolina public military college will not allow a Muslim student who has been admitted to wear her hijab. According to the paper:

[T]he fact that [the school] was considering an exception ... set off shock waves among alumni. The idea pleased some in the close-knit corps, who felt it could be an important symbol of religious freedom and inclusiveness. But it upset others who felt it would clash with the mission and ideals of the Citadel, where loyalty, teamwork and uniformity are paramount.

At the Citadel, students are expected to leave behind their individuality ... and form opinions based on character rather than appearance. Allowing one student to wear something completely different struck many as antithetical to that mission. And some objected, as well, because exceptions have apparently not ever been made for other religions. Christian cadets have been told not to display crosses, for example.

That the exception was being considered at a time when the role of Islam in U.S. culture is so polarizing ...  made the issue particularly incendiary far beyond the Charleston, S.C., campus.

South Carolina Supreme Court Hears Oral Arguments In Episcopal Church Split

Yesterday, the South Carolina Supreme Court heard oral arguments in Protestant Episcopal Church In The Diocese of South Carolina v. Episcopal Church.  In the case, a state trial court held that 38 break-away Episcopal parishes in South Carolina retain ownership of their real, personal and intellectual property. It rejected claims by The Episcopal Church that an express or a constructive trust existed under which it could claim the property. (See prior posting.)  Both The State and the Post and Courier have reports on the arguments.  Also available online are the Appellants' Brief and Respondents' Brief to the state Supreme Court.  A related case is winding its way through federal courts. (See prior posting.)

4th Circuit Vacates Trial Court's Abstention In South Carolina Episcopal Diocese Trademark Litigation

In vonRosenberg v. Lawrence, (4th Cir., March 31, 2015), the U.S. 4th Circuit Court of Appeals vacated a federal district court's decision that declined to exercise jurisdiction over a trademark infringement case growing out of the ongoing controversy between a large break-away portion of the Episcopal Diocese of South Carolina and the smaller number of parishes that remain loyal to The Episcopal Church.  The district court held that the trademark dispute is part of a larger dispute over ownership of the Diocese's property which is being litigated in state court and concluded that it is "judicially impractical to retain jurisdiction over a fragmented claim that has been separated from the larger controversy." (See prior posting.)  The 4th Circuit held that the district court had applied precedents that apply to abstention when a plaintiff is seeking only declaratory relief.  Instead, where as here the plaintiff seeks an injuction as well as a declaratory judgment, the district court should have applied precedent that allows abstention only if "exceptional circumstances" justify the surrender of federal jurisdiction. The 4th Circuit remanded to case for the district court to determine whether exceptional circumstances are present. [Thanks to Will Esser via Religionlaw for the lead.]

Break-Away S.C. Episcopal Churches Win Right To Real, Personal and Intellectual Property

In Protestant Episcopal Church In The Diocese of South Carolina v. Episcopal Church, (SC Cir. Ct., Feb. 3, 2015), a South Carolina state trial court held that 38 break-away Episcopal parishes in South Carolina retain ownership of their real, personal and intellectual property. It rejected claims by The Episcopal Church that an express or a constructive trust existed under which it could claim the property. Finally the court enjoined The Episcopal Church from using the names or seals of the break-away churches and their Diocese. FITS News reports on the decision.

South Carolina Issues Final Tax Rulings On Treatment of Same-Sex Marriages

As reported by BNA Daily Report for Executives [subscription required], on Dec. 31 the South Carolina Department of Revenue issued final versions of two revenue rulings dealing with tax treatment of same-sex marriages. Revenue Ruling #14-8  makes it clear that "same-sex marriages that are recognized for federal income tax purposes will now be recognized for South Carolina income tax purposes."  Revenue Ruling #14-9  provides that "same-sex couples who are legally married under any state law will now be treated as married for all South Carolina tax purposes...." and sets out examples relating to property taxes and deed recording fees.

Court Enjoins South Carolina's Refusal To Recognize Same-Sex Marriages From Elsewhere

As previously reported, on Nov. 12 in Wilson v. Condon, a South Carolina federal district court struck down South Carolina's ban on issuing licenses for same-sex marriages. Attempts to stay effectiveness of the decision failed. (See prior posting.)  Six days later, in a decision that has been less noticed, a different South Carolina federal district court judge entered a permanent injunction against enforcing South Carolina's ban on recognition of same-sex marriages validly performed in other jurisdictions.  In Bradacs v. Haley, (D SC, Nov. 18, 2014), the court concluded that "South Carolina’s denial of legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Equal Protection and Due Process Clauses...." However the court refused to hold that the ban violates the Constitution's Full Faith and Credit Clause. WXLT reported on the decision.

Supreme Court Developments On Same-Sex Marriage

Yesterday the U.S. Supreme Court issued an Order (full text) in Wilson v. Condon denying a stay of a South Carolina federal district court's decision striking down South Carolina's ban on same-sex marriage. (See prior posting.) Justices Scalia and Thomas dissented from the denial of the stay. SCOTUSblog reports on developments.

Meanwhile, the state of Louisiana filed a petition for certiorari (full text) in Robicheaux v. George, seeking to bypass the 5th Circuit Court of Appeals and obtain Supreme Court review of a Louisiana federal district court decision that upheld Louisiana's ban on same-sex marriage. (See prior posting.) SCOTUSblog reports.

District Court Strikes Down South Carolina Same-Sex Marriage Ban; 8-Day Stay Granted

In Condon v. Haley, (D SC, Nov. 12, 2014), a South Carolina federal district court struck down South Carolina's ban on same-sex marriage. The court held that the 4th Circuit's decision in Bostic v. Schaefer striking down a similar ban in Virginia is controlling. However the court granted a stay until Nov. 20 to allow the state to seek a stay pending appeal from the 4th Circuit. The State reports that South Carolina Attorney General Alan Wilson says he will appeal to the 4th Circuit.

4th Circuit Vacates and Remands Challenge To Elementary School Graduation In Christian Chapel

In American Humanist Association v. Greenville County School District, (4th Cir., May 16, 2014), the 4th Circuit Court of Appeals vacated the district court's denial of a preliminary injunction in a suit challenging the holding of graduation ceremonies for a South Carolina elementary school at the chapel of a Christian college and including prayer as part of the official graduation ceremony.  In his ruling from the bench, the district court judge had said that plaintiffs "were making a mountain out of a mole hill." (See prior posting.) The 4th Circuit concluded:

In denying Plaintiffs’ motion for a preliminary injunction, the district court provided no analysis of the law and made no attempt to apply the four factors [to be considered in granting a preliminary injunction] ... to the facts as alleged in the complaint. Thus, we are constrained to remand the case for reconsideration of the issue.

The 4th Circuit similarly vacated and remanded the district court's denial of plaintiffs' unopposed motion to proceed using pseudonyms.  The court also agreed with plaintiffs that on remand the case should be reassigned to a different district court judge. AP reports on the decision.

South Carolina Divorce Action Challenges Ban On Same-Sex Marriage

A suit filed last week in Family Court in Greenville, South Carolina could be the vehicle for testing the constitutionality of South Carolina's ban on same-sex marriage. According to WYFF News, Cathy Swicegood is seeking a divorce from her same-sex partner of 13 years, claiming that the pair should be treated as married under South Carolina's statute that recognizes common law marriages entered prior to 2011. (Background.) In order to succeed, Swicegood will need the court to declare that South Carolina laws treating same-sex marriages as void are unconstitutional. [Thanks to Alliance Alert for the lead.]

Federal Court Refuses To Reconsider Abstention In South Carolina Episcopal Church Dispute

In vonRosenberg v. Lawrence, (D SC, Jan. 15, 2014), a South Carolina federal district court denied a motion for reconsideration of its August 2013 decision to abstain and decline jurisdiction over a trademark infringement case growing out of the controversy between a large break-away portion of the Episcopal Diocese of South Carolina and the smaller number of parishes that remain loyal to The Episcopal Church.  The court there held that the trademark dispute is part of a larger dispute over ownership of the Diocese's property being litigated in state court.  In denying reconsideration, the court said that the motion is based merely on disagreement with the court's earlier abstention ruling. TitusOneNine blog discusses this week's decision from the perspective of break-away churches. [Thanks to John Chilton for the lead.]

Insurance Company Must Defend South Carolina Episcopal Church In Trademark Suit By Breakaway Diocese

In The Episcopal Church in South Carolina v. Church Insurance Company of Vermont, (D SC, Jan. 6, 2014), a South Carolina federal district court held that an commercial liability insurance policy issued by Church Insurance Company of Vermont requires the insurance company to defend The Episcopal Church in South Carolina (TEC-SC) in a state court lawsuit against it by a break-away diocese over which group has the right to use the Episcopal Church trade names, trademarks, services, and emblems. (See prior posting.) The court also held that the insurance company had breached its contract in refusing to defend TEC-SC, but that bad faith had not been shown. TEC-SC issued a press release announcing the decision.