Another Court Enjoins Enforcement of Contraceptive Mandate Against Religious Non-Profits

In yet another case, after the Trump Administration has taken the position that the Obama era contraceptive coverage mandate under the Affordable Care Act violates the religious freedom rights of objecting religious non-profits, a court has enjoined enforcement of the mandate.  In Association of Christian Schools International v. Azar, (D CO, Dec. 10, 2018), a Colorado federal district court held that the mandate violates plaintiffs' rights under RFRA. The Hill reports on the decision. The Trump Administration's new rules exempt objecting religious non-profits.

Suit Challenges School District's Anti-Bias Training

The Santa Barbara Independent today reports on a federal lawsuit filed by a group calling itself Fair Education Santa Barbara challenging the Santa Barbara schools anti-bias training for teachers and administrators.  It seeks cancellation of a contract with Just Communities Central Coast that provides the training.  Among other things, the lawsuit contends in part:

Under the guise of promoting so-called ‘unconscious bias’ and ‘inclusivity’ instruction, (Just Communities’) actual curriculum and practices are overtly and intentionally anti-Caucasian, anti-male, and anti-Christian.

The suit claims that the curriculum violates the Equal Protection clause and other civil rights protections by discriminating against white people.

Suit Says Police Chief Forced Religion On Officers

The Advocate reports on a federal court lawsuit filed last week against the Port Allen, Louisiana Police Department::

A second former Port Allen police officer has filed a lawsuit alleging Police Chief Esdron Brown consistently forced his religion on his officer corps through mandatory meetings, and further claimed the chief used God's will as reasoning for unjust promotions.

Robert Cannon Jr.,... , filed a federal civil rights case ... alleging the chief's repeated mention of religion and religious-focused meetings created a hostile work environment.

Evangelists Win Narrow Settlement Victory In Alaska Park Dispute

According to KTUU News, a father-daughter evangelist team have won a narrow victory in the settlement of their lawsuit against the city of Girdwood, Alaska.  They sued challenging the city's "No dogs, no politics, no religious orders" requirement at Girdwood's annual Forest Fair. (See prior posting.) Under the settlement, the city will allow the evangelists to distribute leaflets in the park that is used by Forest Fair. However whether they will be able to proselytize at Forest Fiar itself next year will be up to the Fair's promoters.  A city attorney said that control of the park during events like the Fair in in the hands of the organization that has received a permit to stage the event.

Chinese Police Detain Prominent Pastor and Some Members of Unregistered Church

The New York Times reported earlier this week that on Sunday Chinese police detained Wang Yi, one of China's most prominent Protestant pastors.  His Early Rain Covenant Church, with its over 500 members, is one of many churches that are not registered with the government. These independent Protestant churches that have not complied with the registration laws are one of the fastest growing religious movements in China, claiming some 30 million adherents. More than 100 members of Early Rain were also detained, though a number were released by Monday with some of those then being placed under house arrest.

Hasidic Jews Sue Town Over Zoning Barriers

Suit was filed this week in a New York federal district court against the village of Airmont for its actions in attempting to prevent expansion of its Hasidic Jewish community.  The complaint (full text) in Congregation of Ridnik v. Village of Airmont, (SD NY, filed 12/10/2018), alleges in part:

For Hasidic Jews living in Airmont, seeking the Village’s approval for religious gatherings places applicants in a process reminiscent of the curse of Tantalus. At great expense, applicants prepare elaborate plans in order to obtain approval, which the Village uniformly declines to provide. Instead, the Village dangles promises that the applications will be approved in the future if certain modifications are made, only to then yank any hope of approval away even after the applicants make the requested modifications. Instead of providing an approval or denial, the Village requires applicants to satisfy new conditions, often citing purported problems with the applicants’ plans on which Airmont officials had already signed-off.

Injunction Denied Against Picketing Ordinance

In O'Connell v. City of New Bern, North Carolina, (ED NC, Dec. 10, 2018), a North Carolina federal district court refused to grant a preliminary injunction to block enforcement of the city's ordinance that regulates picketing.  Plaintiff wanted to share his religious, social and political message near MumFest, but was prevented from handing out literature and carrying a cross.

$4M Award Against Jehovah's Witnesses Upheld

In J.W. v, Watchtower Bible and Tract Society of New York, Inc., (CA App,, Dec. 10, 2018), a California state appellate court upheld an award of over $4 million to a girl who, when she was ten years old, was sexually abused by an elder of the Jehovah's Witness church.  The church was charged, among other things, with negligent supervision and failure to warn. The award came after a court struck defendant's answer as a sanction for failing to comply with discovery orders.

Supreme Court Denies Review In Attempted Cutoff of Medicaid Funds To Planned Parenthood

Over the dissent of Justices Thomas, Alito and Gorsuch, the U.S. Supreme Court today denied certiorari in Gee v. Planned Parenthood of Gulf Coast, Inc., (cert. denied, 12/10/2018). (Order list with dissenting opinion by Thomas, J.)  In the case, the 5th Circuit in a 2-1 decision (full text) upheld the district court's preliminary injunction against the state of Louisiana's termination of Medicaid contracts with Planned Parenthood. At issue in the case is whether Medicaid recipients have a private right of action to challenge the state's action, (SCOTUSblog case page).

Recent Articles of Interest

From SSRN:

• Giovanni Zaccaroni, Non-discrimination on the Ground of Religion: A Fundamental Element of the EU Constitutional Legal Order?, (University of Milano-Bicocca School of Law Research Paper No. 18-01 (2018).).
• M. C. Mirow, Léon Duguit and the Social Function of Property in Argentina , (In Paul Babie and Jessica Viven-Wilksch, eds., Léon Duguit and the Social Obligation Norm of Property: A Translation and Global Exploration. Cham: Springer, Forthcoming).
• Damir Banović & Ehlimana Memišević, Law and Religion in Bosnia and Herzegovina (December 7, 2018).
• Philippe Lord,  The Eternal Commitment: Scientology's Billion-Year Contract, (December 7, 2018).
• William P., Marshall, Third-Party Burdens and Conscientious Objection to War,(2018), (Kentucky Law Journal, Vol. 106, 2019).
• Piotr Godzisz, The Europeanization of Anti-LGBT Hate Crime Laws in the Western Balkans, (Crime, Law and Social Change, Forthcoming).
• David Adam Friedman, Bringing Candor to Charitable Solicitations, (Maryland Law Review, Forthcoming).
• Raff Donelson & Ivar Hannikainen, Fuller and the Folk: The Inner Morality of Law Revisited, (Oxford Studies in Experimental Philosophy, Volume 3. Oxford: UK, Oxford University Press, Forthcoming).

Today Is 70th Anniversary of Universal Declaration of Human Rights

Today is the 70th Anniversary of the United Nations adoption of the Universal Declaration of Human Rights. Article 18 of the Declaration guarantees religious freedom:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Recent Prisoner Free Exercise Cases

In Roberts v. Perry, 2018 U.S. Dist. LEXIS 204091 (WD NC, Dec. 3, 2018), a North Carolina federal district court allowed an inmate to proceed on his claims that he was denied access to the courts as to his White Supremacist security risk group designation and confiscation of his religious publications without due process.

In Richardson v. Gleason, 2018 U.S. Dist. LEXIS 205417 (ND NY, Dec. 4, 2018), a New York federal district court ordered dismissal, unless an amended complaint is filed, of a Jewish inmate's complaint that defendants failed to provide Kosher food, religious services, or religious material.

In Yah'Torah v. Hicks, 2018 U.S. Dist. LEXIS 205798 (D NJ, Dec. 4, 2018), a New Jersey federal district court allowed a Jewish inmatge to move ahead with his complaint that he was denied the regular use of fragrant oils for prayer.

Leading Hasidic Rabbi Defies New York Regulations On Yeshiva Curriculum

As previously reported, last month the New York State Education Department issued new guidelines for review of the curriculum of non-public religious and independent schools, under statutory provisions that primarily impact Hasidic Jewish yeshivas. The Forward reported last week that a leading Hasidic rabbi, Satmar Rebbe Aron Teitelbaum, is defying the New York City and New York State Education Departments, telling his followers in a speech:

We will not comply and we will not follow the state education commissioner under any circumstances. These are our words for the state education commissioner.

Religious Adoption Agency Sues Over Nondiscriminaton Rule

A suit was filed this week in New York federal district court challenging a New York regulation that (Title 18 NYCCR Sec.421.3) that adoption agencies may not discriminate against applicants for adoption services on various grounds, including sexual orientation, gender identity and marital status.  New Hope Family Services, a faith based adoption agency, refuses to recommend or place children with unmarried couples or same-sex couples.  The complaint (full text) in New Hope Family Services, Inc. v. Poole, (ND NY, filed 12/6/2018) contends that this regulation violates the agency's free exercise, free expression and equal protection rights. ADF issued a press release announcing the filing of the lawsuit.

Suit Charges Mormon Church With Dominating Utah In Change To Marijuana Initiative

A lawsuit was filed Wednesday in a Utah state trial court challenging the Utah legislature's enactment of H.B. 3001 which weakens a medical marijuana initiative passed by Utah voters last month. According to an AP report, the new law, among other things, bans a number of marijuana edibles; bars people from growing their own marijuana if they live far from a dispensary; and narrows the list of eligible medical conditions for which the drug can be used. The original Initiative was opposed by the Mormon Church, and H.B.. 3001 reflects a compromise designed to prevent the legislature from completely repealing the Initiative measure. The complaint (full text) in Epilepsy Association of Utah v. Herbert, (UT Dist. Ct., filed 12/5/2018), alleges in part:

This is an action for declaratory and injunctive relief arising from, first, the unconstitutional violation by the Utah Legislature of the constitutional right of the People to directly pass legislation through the initiative process under Article VI, Section 1 of the Utah Constitution and, second, the unconstitutional domination of the State, and interference with the State’s functions, by The Church of Jesus Christ of Latter-day Saints (“the Church”), in violation of Article I, Section 4 of the Utah Constitution.

Art. I, Sec. 4 of the state constitution provides: "There shall be no union
of Church and State, nor shall any church dominate the State or interfere with its functions."

Christian Activist Charged After Video Of Book Burning

KCRG TV9 News reports that an Orange City, Iowa Christian activist has been charged with misdemeanor 5th Degree Criminal Mischief after making a Facebook Live video of himself burning four children's books checked out of the Orange City Public Library.  The video, made on the first day of the city's gay pride festival, showed him burning books titled "Two Boys Kissing," "This day in June," "Morris Micklewhite and the tangerine dress," and "Families, families, families."

Canada's Youth Job Program Changes Attestation Requirement After Objections By Pro-Life Groups

Global News reports that this year the Canada Summer Jobs program is changing its grant application process after objections last year from religious organizations to the requirement that they attest, in applying for funds, that "both the job and the organization’s core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights."  The rights covered included reproductive rights and non-discrimination on the basis of sexual orientation or gender identity. Anti-abortion groups sued arguing that the required attestation violated their freedom of expression and religious freedom. (See prior posting.) This year, no attestation is required. Instead the burden is on Service Canada to determine whether grant funds will be used to hire young people for work that will restrict reproductive right or promote prejudice or discrimination.

City Recreation Department Trip To Biblical Museums Cancelled After Objections

Christian Post reports that the Charleston, Illinois parks and recreation department has cancelled a planned town trip to southern Ohio and northern Kentucky that included visits to the Answers in Genesis Creation Museum and Ark Encounter. Freedom From Religion Foundation had complained to the city (full text of letter) that promotion of visits to these museums violates the Establishment Clause because it endorses the religious mission of museum founder Ken Ham.

EU Encourages Member States To Increase Fight Against Antisemitism

As reported by JTA, the Council of the European Union yesterday adopted a Council Declaration on the fight against antisemitism and the development of a common security approach to better protect Jewish communities and institutions in Europe (full text). Described by the European Jewish Congress as "unprecedented," the Declaration sets out eight steps that member states are encouraged to take, including increasing their security efforts for Jewish communities, institutions and citizens. Among the other suggested steps are:

implement[ing] a holistic strategy to prevent and fight all forms of antisemitism as part of their strategies on preventing racism, xenophobia, radicalisation and violent extremism....

endors[ing] the non-legally binding working definition of antisemitism employed by the International Holocaust Remembrance Alliance (IHRA) as a useful guidance tool in education and training, including for law enforcement authorities in their efforts to identify and investigate antisemitic attacks....

Santa Fe Archdiocese Files Under Chapter 11

In a letter from Archbishop John Wester (full text) dated Nov. 29, the Catholic Archdiocese of Santa Fe (NM) announced that it is filing for Chapter 11 Reorganization order the federal Bankruptcy Code in order to deal with the growing number of clergy sexual abuse claims.  The letter says in part:

Given our desire to care for all victim survivors, and given the fact that we have settled over 300 claims, but that such claims continue to be filed, I see this as the wisest and most prudent course to take. It is very important that everyone understand that we have not taken this step to avoid responsibility. On the contrary, we firmly believe that Chapter 11 is the most merciful and equitable way for the Archdiocese to address its responsibility to the victim survivors, to continue to meet its commitment to prevent abuse, and to continue its mission to all those who depend on the outreach of the Church. 

The cost of settlement of the over 300 cases which included insurance funds totaled approximately $52 million dollars of which the Archdiocese paid a substantial amount. Currently we have approximately 40 pending cases, which we need to address in a caring and Christ-like manner.

AP has additional background.