8th Circuit Rejects Satanic Temple's Complaint Over Closing Park to Its Display

 In The Satanic Temple v. City of Belle Plaine, Minnesota,(8th Cir., Aug. 30, 2023), the U.S. 8th Circuit Court of Appeals held that the district court was correct in dismissing free speech, free exercise, equal protection, and RLUIPA claims brought by The Satanic Temple (TST) against the City of Belle Plaine.  As summarized by the court:

In March 2017, the City gave two groups permits [to place monuments in Veterans Memorial Park]: the Belle Plaine Veterans Club and the Satanic Temple. The Veterans Club returned the kneeling soldier statue to the Park in April, but the Satanic Temple’s display wasn’t ready yet. While the Satanic Temple’s display was being built, people objected to it being placed in the Park. In June, the Satanic Temple told the City that its display was ready. The City Council then passed a “Recission Resolution,” closing the Park as a limited public forum, terminating both permits, and instructing the Veterans Club to remove its statue.

The court held:

The City closed the limited public forum to everyone, not just speakers with certain views. The Satanic Temple has not plausibly alleged that closing the Park as a limited public forum was unreasonable or viewpoint discriminatory....

...The Satanic Temple has not alleged any facts showing that its religious conduct was targeted for “distinctive treatment.”...

... The Satanic Temple has not plausibly alleged that the City’s resolutions burden its religious conduct or philosophy....

The Satanic Temple has not plausibly alleged that it and the Veterans Club were similarly situated or that it was treated differently. Nor has it plausibly alleged that the Rescission Resolution was discriminatory on its face or had a discriminatory purpose or impact. The City gave a permit to both groups, had no control over the fact that the Veterans Club placed its statue first, and closed the Park as a limited public forum to everyone. So the Satanic Temple has not plausibly alleged an equal protection claim.

Muslim Call to Prayer Can Be Amplified In New York City

Yesterday, New York City Mayor Eric Adams announced a new initiative to permit mosques to broadcast the call to public prayer on Fridays and during Ramadan. According the announcement from the Mayor's office:

 “Today, we are cutting red tape and saying clearly that mosques and houses of worship are free to amplify their call to prayer on Fridays and during Ramadan without a permit necessary....

... The NYPD’s new legal guidance clarifies for mosques and masjids that the call to prayer is allowed in New York City and not prohibited despite sound restrictions in city neighborhoods.

Under the new guidance, a mosque or masjid can broadcast the call to prayer every Friday between 12:30 PM and 1:30 PM as well as during the sunset prayers every evening during Ramadan....

The NYPD Community Affairs Bureau and Muslim faith leaders will work collaboratively in every neighborhood with mosques and masjids to communicate the new plans for Adhan to local community leaders and stakeholders. They will work to ensure that any sound device used to broadcast an Adhan is set at appropriate decibel levels and in accordance with the rules of the noise code within the city’s administrative code.

Jewish Faculty at NY College Can Move Ahead with Hostile Work Environment Lawsuit

In Lax v. City University of New York, (NY Kings Cty. Sup. Ct., Aug. 24, 2023), a New York state trial court allowed five Orthodox Jewish faculty members at Kingsborough Community College to move ahead with their religious hostile work environment and retaliation claims against the school, the faculty union and others (except for certain claims that duplicated ones being pursued administratively). According to the court:

Plaintiffs allege that they and other observant Jewish faculty and staff members at Kingsborough have faced pervasive, anti-religious discrimination from a particular segment of fellow faculty members who are the leaders of a faculty group called the Progressive Faculty Caucus of Kings borough Community College (PFC).... The New Caucus closely coordinated with the PFC.... Plaintiffs claim that the New Caucus members collaborated with the PFC members to dominate campus elections and call for the removal of observant Jewish faculty members, administrators, department chairs, and others at Kings borough. Plaintiffs allege that each of the defendants actually participated in, and aided and abetted, the conduct giving rise to their discrimination and retaliation claims.

Plaintiffs assert, among numerous alleged acts of discriminatory conduct, that ... the PFC and the New Caucus members lobbied against ... observant Jewish candidates running in campus elections; that the PFC members called for the removal of observant Jewish faculty members...; that the PFC organized an anti-discrimination event for a Friday night ... with the purpose of excluding Sabbath-observant Jewish members...; that the Union leaders applied pressure to Kingsborough's chief diversity officer ... to suppress the investigation of the Friday Night Event....

... CUNY claims that it is not responsible for the alleged discrimination against plaintiffs by a faculty group, i.e., the PFC, or the political party composed of certain members of the faculty, i.e., the New Caucus. CUNY maintains that plaintiffs lump all of their disparate allegations together in an attempt to hold it responsible for the alleged actions of the other defendants. 

An employer, such as CUNY, however, can be held liable for an employee's discriminatory act where "the employer became a party to it by encouraging, condoning, or approving it"....

Legal Insurrection reports on the lawsuit.

Ecclesiastical Abstention Doctrine Does Not Apply to Church's Fraud Claims Against Former Pastor

 In New Bethel Baptist Church v. Taylor, (TX App., Aug. 29, 2023), a Texas state appellate court held that the ecclesiastical abstention doctrine does not prevent civil courts from adjudicating fraud, breach of fiduciary duty and conversion claims against its former pastor who also served as the general contractor on a church construction project.  Plaintiff claims that the pastor withdrew $300,000 from the church's bank account without authorization. The court concluded that the claims can be resolved using neutral principles of law. the court said in part:

... [T]he resolution of these causes of action does not depend on the interpretation of New Bethel’s bylaws and constitutions or other relevant provisions of governing documents. Indeed, this is an example of a civil law controversy in which a church official happens to be involved....

However, the court affirmed the dismissal of the suit because the attorney did not carry her burden of proof that she was authorized to represent the church. The court said in part:

... [R]egardless of how it is named or classified in the underlying suit, it is undisputed that there is only one church. Within this one church, there are two competing factions claiming control, i.e., the board of deacons and directors. With two competing factions claiming control of the church, attorney Robinson, as the challenged attorney, was either authorized to represent both entities, or she was not. In granting Taylor’s rule 12 motion to show authority, the trial court concluded that attorney Robinson failed to discharge her burden of proof to show her authority to act and nothing more.

Title VII Claim for Denying Religious Exemption from Vaccine Mandate Moves Ahead

In MacDonald v. Oregon Health & Science University, (D OR, Aug, 28, 2023), an Oregon federal district court refused to dismiss a Title VII claim by a former nurse in a hospital's Mother and Baby Unit who was denied a religious exemption from the hospital's Covid vaccine mandate. The hospital argued that because plaintiff's job duties required her to interact with vulnerable pregnant mothers and newborn babies, any accommodation would pose an "undue hardship" on the hospital.  The court pointed out that on a motion to dismiss, unlike on a motion for summary judgment, the court is generally not permitted to consider evidence outside of the pleadings, saying in part:

Accordingly, this Court finds that, at this stage, it is unable to properly consider the extrinsic evidence on which Defendants rely to show either that there were no other viable accommodations to Plaintiff’s vaccination, or that any accommodations would have created an undue hardship consistent with Groff....

... [O]n a fuller evidentiary record, Defendants may be able to satisfy their burden to show that any accommodation would indeed have resulted in a substantial cost to OHSU. But Defendants have not met that burden at this stage.

The court however dismissed plaintiff's 1st Amendment free exercise claim, concluding that defendants had qualified immunity.

Challenge To Maine's Past Covid Restrictions on Churches Is Dismissed

In In re COVID-Related Restrictions on Religious Services, (DE Super., Aug. 28, 2023), a Delaware Superior Court dismissed a suit challenging now-rescinded restrictions that limited the number of attendees and the activities in houses of worship during the Covid pandemic. The court concluded that the governor had qualified immunity from damage claims because at the time it was not clearly established that these types of restrictions violated the U.S. Constitution. The State Tort Claims Act gives the governor immunity from damage actions for violation of the Delaware Constitution. The court also concluded that there is no case or controversy to give it jurisdiction to issue a declaratory judgment and that plaintiffs lack standing to bring their claims, saying in part:

The Court can have no influence on the alleged past harm caused by the Restrictions when they have already been terminated years ago.

WDEL News reports that plaintiffs plan an appeal to the state Supreme Court.

New Jersey Settles With Township Accused of Discriminating Against Orthodox Jewish Residents

 A Consent Order (full text) was entered yesterday by a New Jersey trial court in Platkin v. Jackson Township, (NJ Super., Aug. 28, 2023).  In the suit, the state alleged that the Township had violated the Law Against Discrimination by taking zoning and enforcement actions against the growing Orthodox Jewish population in the Township. (See prior posting.) Under the Order, the Township must pay $275,000 in penalties and place another $150,000 in a Restitution Fund. It must end its discriminatory use of land use and zoning regulations and create a Multicultural Committee. It must create procedures for erecting Sukkahs and eruvim, and must comply with a previously issued order in federal enforcement case to zone to allow religious schools, including schools with dormitories, in various parts of the Township. The New Jersey Attorney General issued a press release with further information on the settlement agreement.

Now Ohio Ballot Language On Abortion Rights Is The Issue

As reported by the Statehouse News Bureau, proponents of a reproductive rights amendment to the Ohio Constitution which will be voted on in November are considering a lawsuit against the Ohio Ballot Board which rejected the language proponents asked to be used on the ballot that voters will see. The Board replaced proponents' language with language drafted by Ohio's Secretary of State who is an abortion opponent. Proponents' Initiative Petition asked for the full 250-word text of the proposed Amendment to appear on the ballot.  Secretary of State Frank LaRose, saying that this was too long, instead drafted a 203-word Summary which uses the term "unborn child" four times in describing the effect of the proposed Amendment.

Recent Articles of Interest

From SSRN:

• Perry Dane, 'Luminous and Obscure': Into the Depths of Constitutional Meaning, (Canopy Forum, Center for the Study of Law and Religion at Emory University (online), August 2023).
• Roman Zinigrad & Stephen W. Sawyer, State and Religion: The French Response to Jihadist Violence,  (Religions 14, no. 8: 1010, 2023).
• Jose Ryan Pelongco, Promoting Equality in the Workplace: Debunking the Heteronormative Assumption Applied to Philippine Legislation,((66 Ateneo L.J. 1411 (2022)).
• Matthew Cavedon, Las Casas’s Use of Legal Interpretive Rules at Valladolid, (August 11, 2023).
• Nathan Ristuccia, Penitent Privilege in the Age of Abrogation, (Mississippi Law Journal Online, 2023).
• Lisa Spagnolo & Maria Bhatti, Conflicts of Interest between Shariah and International Sale of Goods: Does CISG Interest Fit with Islamic Law?, (49(1) Monash University Law Review (2023)).
• Dov Fox & Jill Wieber Lens, Texas Says a Fetus Is a Child, Except When a Parent Sues a Negligent Doctor or State Official, (Slate (online), August 23, 2023).
• Zainuddin Zainuddin, Salle Salle & Andi Risma, Balanced Justice in Islamic Inheritance to Realize Unity and Sustainability of Collective Life, (August 13, 2023).

From SmartCILP:

• Wilson Huhn, Analysis of Carson v. Makin, 61 Duquesne Law Review 50-61 (2023).
• Michael J. Broyde & Ariel J. Liberman, Learning Law Young: Towards a More Robust, Impactful Civics Education Modeled off of Jewish Law Learning, 52 Journal of Law & Education 1-45 (2023). 
• Mark Strasser, Primary and Secondary Religious Schools and the Disestablishment of Everson, 32 Southern California Interdisciplinary Law Journal 355-388 (2023).
• Mark Strasser, God-Talk in the Public Schools, 29 Virginia Journal of Social Policy & the Law 268-310 (2022).

Jewish Couple Denied Child Placement Services by United Methodist Agency Have Standing to Sue

In Rutan-Ram v. Tennessee Department of Children's Services, (Aug. 24, 2023), a Tennessee state appellate court reversed a decision of a special 3-judge trial court (see prior posting) and held that a Jewish couple who allege religious discrimination by a state-subsidized United Methodist child-placement agency have standing to sue.  The agency refused to provide the couple with foster care training and a home study because the couple did not share the agency's religious beliefs. A Tennessee statute protects faith-based agencies that refuse to participate in placing a child because of the agency's religious or moral convictions. Subsequently the Department of Children's Services provided the couple directly with the training required. The court said in part:

In the present case, the allegations of the complaint assert that the Couple has been denied and are being denied equal access to stated-funded foster and adoption services because of their Jewish faith. In finding that the Couple lacked standing, the three-judge panel again emphasized that the State was providing the Couple with child placement services. However, when the state makes it more difficult for members of one group than for members of another group to obtain services, the injury in fact “is the denial of equal treatment resulting from the imposition of the barrier, not the ultimate inability to obtain the benefit.” ...

When a statute subjects a group of people to unequal treatment based upon their religious beliefs, the fact that the statute may allow discrimination against other religious groups does not negate a disfavored group’s standing to challenge the statute....

The court also concluded that six other Tennessee taxpayers who were co-plaintiffs have taxpayer standing to sue. AP reports on the decision. [Thanks to Thomas Rutledge for the lead.]

West Virginia's Ban on Prescribing Mifepristone By Telemedicine Is Pre-Empted By FDA Rules

In GenBioPro, Inc. v. Sorsaia,, (D WV, Aug. 24, 2023), a West Virginia federal district court dismissed a challenge to West Virginia abortion restrictions that are no longer in effect. The restrictions will go back into effect only if provisions of the more recent Unborn Child Protection Act (UCPA) are held unconstitutional. The court held that neither federal statutes nor FDA rules pre-empt state restrictions on when abortions may be performed. However, the court refused to rule further on the UCPA provisions, saying in part:

[T]he Court has not found that the UCPA is unconstitutional. As none of these prior restrictions are currently in effect, this Court may not issue an advisory opinion as to the constitutionality of a law not presently operative.

The court also rejected arguments that state restrictions on the sale of mifepristone violate the Commerce Clause, saying in part:

[T]he Supreme Court and Courts of Appeals have repeatedly affirmed that morality-based product bans do not intrinsically offend the dormant Commerce Clause. 

However the court did find that West Virginia's ban on prescribing mifepristone by telemedicine, which is still in effect, is pre-empted by FDA rules allowing telemedicine prescriptions for the drug. The Hill reports on the decision.

Religious or Parental Rights Not Violated By School Classroom Discussion of LGBTQ-Themed Books

In Mahmoud v. McKnight, (D MD, Aug. 24, 2023), a Maryland federal district court refused to issue an injunction to allow parents to opt their public-school children out of classroom reading and discussion of books with LGBTQ themes. Parents claim that the books' messages violate parents' sincerely held religious beliefs.  The court said in part: 

In essence, the plaintiffs argue that by being forced to read and discuss the storybooks, their children will be pressured to change their religious views on human sexuality, gender, and marriage. The Court interprets this argument as an indoctrination claim.... 

The plaintiffs have not identified any case recognizing a free exercise violation based on indoctrination....

Here, the plaintiffs have not shown that the no-opt-out policy likely will result in the indoctrination of their children....

Separate from any indoctrination claim, Mahmoud and Barakat contend their son would be forced to violate Islam’s prohibition of “prying into others’ private lives” and its discouragement of “public disclosure of sexual behavior” if his teacher were to ask him to discuss “romantic relationships or sexuality.”... Forcing a child to discuss topics that his religion prohibits him from discussing goes beyond the mere exposure to ideas that conflict with religious beliefs. But nothing in the current record suggests the child will be required to share such private information. Based on the evidence of how teachers will use the books, it appears discussion will focus on the characters, not on the students.....

The parents assert that their children’s exposure to the storybooks, including discussion about the characters, storyline, and themes, will substantially interfere with their sacred obligations to raise their children in their faiths.... [T]he parents’ inability to opt their children out of reading and discussion of the storybooks does not coerce them into violating their religious beliefs....  The parents still may instruct their children on their religious beliefs regarding sexuality, marriage, and gender, and each family may place contrary views in its religious context. No government action prevents the parents from freely discussing the topics raised in the storybooks with their children or teaching their children as they wish.

In a press release on the decision, Becket Fund announced that the case will be appealed to the 4th Circuit.

Human Resources Employee Sues Seeking Religious Accommodation to Avoid DEI Participation

 A lawsuit was filed last month in a California federal district court by Courtney Rogers, a former human resources employee of a multinational food service company, who was fired after she objected to taking part in the company's DEI program, captioned Operation Equity.  Rogers sought a religious accommodation because Operation Equity violates her religious and moral beliefs. The program offers special training and mentorship to women and people of color. The complaint (full text) in Rogers v. COMPASS Group USA, Inc., (SD CA, filed 7/24/2023), alleged in part:

59. ROGERS has sincerely held religious beliefs, based on deeply and sincerely held religious, moral, and ethical convictions, that people should not be discriminated against because of their race.

60. ROGERS’s religious beliefs conflicted with the job’s requirements because she was required to work on implementing something COMPASS called “Operation Equity,” an employment program designed to exclude white males from opportunities for training, mentorship and promotion.

Rogers had proposed swapping 2 to 3 hours per week of her duties with another employee, but the company refused to discuss an accommodation. The complaint alleges violations of Title VII and various provisions of California law. She seeks damages and reinstatement. SHRM reports on the lawsuit.

South Carolina Supreme Court Upholds Heartbeat Abortion Ban

In Planned Parenthood South Atlantic v. State of South Carolina, (SC Sup. Ct., Aug. 23, 2023), the South Carolina Supreme Court upheld the 2023 version of South Carolina's heartbeat abortion ban enacted in response to an earlier decision by the same court striking down an earlier version of the law. The court said in part:

[T]he legislature has found that the State has a compelling interest in protecting the lives of unborn children. That finding is indisputable and one we must respect. The legislature has further determined, after vigorous debate and compromise, that its interest in protecting the unborn becomes actionable upon the detection of a fetal heartbeat via ultrasound by qualified medical personnel. It would be a rogue imposition of will by the judiciary for us to say that the legislature's determination is unreasonable as a matter of law—particularly on the record before us and in the specific context of a claim arising under the privacy provision in article I, section 10 of our state constitution.

As a result, our judicial role in this facial challenge to the 2023 Act has come to an end. The judiciary's role is to exercise our judgment as to whether the legislative weighing of competing interests was within the range of possible, reasonable choices rationally related to promoting the legislature's legitimate interests. Having concluded that it was, we consequently defer to the legislature's gauging of the profound, competing interests at stake. Accordingly, we vacate the preliminary injunction and hold the 2023 Act is constitutional.

Justice Few filed a concurring opinion, saying in part:

Ultimately, the General Assembly did not attempt to simply re-enact the same legislation, as Planned Parenthood argues. Rather, it amended the 2021 Act in what appears to be a sincere attempt to comply with the narrowest reading of this Court's ruling in Planned Parenthood I. The question now before the Court, therefore, is whether the attempt was successful; do the changes the General Assembly made from the 2021 Act to the 2023 Act make it possible for this Court to find the 2023 Act constitutional under article I, section 10, despite the fact the threshold for banning most abortions did not change....

When this Court evaluated the constitutionality of the 2021 Act, we balanced the State's interest in protecting unborn life against the statutory countervailing interest of "informed choice" and the privacy interests arising from article I, section 10. As there is no "informed choice" provision in the 2023 Act, the State's interest in protecting unborn life is now balanced against only the constitutional privacy interests.

Chief Justice Beatty filed a dissenting opinion, saying in part:

In my view, because the material terms of the 2023 Act have not changed from the 2021 Act, logic and respect for the doctrine of stare decisis dictate that the 2023 Act should likewise be declared unconstitutional.

 AP reports on the decision.

Statute of Limitations Not Tolled on Navy Chaplains' Claims

In In re: Naval Chaplaincy, (D DC, Aug. 23, 2023), the D.C. federal district court held that plaintiffs have not shown that the running of the statute of limitations on their free exercise claims should be tolled because of fraudulent concealment. In the case, which has been in litigation for nearly 25 years, non-liturgical Protestant chaplains alleged discrimination against them by selection boards that control promotions and early retirements of Navy chaplains. (See prior posting.)

Church Autonomy Bars Court Adjudicating Dispute Over Withdrawal from Parent Body

 In Deutsche Evangelisch Lutherische Zions Gemeinde v. Evangelical Lutheran Church in America, (Kings Cty NY Sup. Ct., Aug. 16, 2023), a New York state trial court dismissed a suit brought by a German Lutheran church in Brooklyn that claims it has broken away from its parent bodies, the Evangelical Lutheran Church in America (ELCA) and ELCA's Metropolitan New York Synod over the parent bodies' stance accepting same-sex marriage and ordination of gay clergy. The parent bodies claim that the church is still affiliated with them. Plaintiff asks the court to determine that its membership with the parent bodies has been terminated and that the parent bodies lack authority to take control of church property. It also alleges in defamation claims that false statements about its affiliation injure its reputation and dissuade new members from joining. In rejecting those claims, the court said in part:

... [T]he neutral principles of law approach cannot be applied to adjudicate plaintiff's property claims which directly call into question the authority that has been vested in the synod to impose synodical administration which would allow it to dissolve the church and take control over its property....

The MNYS's power to impose synodical administration is far broader, however, than its authority to take control over a local church's property.... Plaintiff's argument ... ignores the inherent religious elements.... [T]he decision to impose synodical administration over a church involves consideration by the Synod of such issues as church governance, religious doctrine and practice, scripture, and the spiritual well-being of the local church's remaining members. Thus, it concerns subject matter with which this court is forbidden from entangling itself pursuant to the First Amendment. Indeed, synodical administration is an inherently religious matter although it incidentally concerns a local church's property.....

In order to resolve the dispute of whether plaintiff terminated its membership with defendants, this court would necessarily intrude into areas of church polity, religious doctrine, practice, and scripture in order to force the Synod to accept the votes taken by plaintiff's congregation in 2008 and 2009 to terminate the relationship. Whether plaintiff remains a member church of the ELCA and the MNYS is more than just a mere associational question but a religious one.

San Francisco Archdiocese Files for Bankruptcy Reorganization

In a press release yesterday, the Catholic Archdiocese of San Francisco announced that it has filed for Chapter 11 Bankruptcy Reorganization. According to the press release:

The filing is necessary to manage and resolve the more than 500 lawsuits alleging child sexual abuse brought against RCASF under California Assembly Bill 218, which allowed decades-old claims to be filed by December 31, 2022, that otherwise were time barred....

The 88 parishes within the Archdiocese are independently managed and self-financed and, along with their parochial schools, are not included in the filing. The Real Property Support Corporation, Capital Asset Support Corporation, high schools, Catholic cemeteries, St Patrick’s Seminary & University, and Catholic Charities associated with RCASF also are not included in the filing and will continue to operate as usual.

KEYT News reports on the filing and reactions to it.

5th Circuit En Banc Expands Its Interpretation of Title VII

In Hamilton v. Dallas County, (5th Cir., Aug. 18, 2023), the U.S. 5th Circuit Court of appeals in an en banc decision overturned the Circuit's previous precedent that held employment discrimination violates Title VII only if the discrimination involved an ultimate employment decision such as hiring, granting leave, discharging, promoting or compensating. In this case, the Dallas County Sheriff's Department gave its detention service officers two days off each week.  However, only men could choose to take two weekend days; women officers could only have one weekend day and one weekday, or two weekdays. The majority said in part:

Nowhere does Title VII say, explicitly or implicitly, that employment discrimination is lawful if limited to non-ultimate employment decisions. To be sure, the statute prohibits discrimination in ultimate employment decisions—“hir[ing],” “refus[ing] to hire,” “discharg[ing],” and “compensation”—but it also makes it unlawful for an employer “otherwise to discriminate against” an employee “with respect to [her] terms, conditions, or privileges of employment.”

Our ultimate-employment-decision test ignores this key language.

While the decision relates to a sex discrimination claim, the holding applies equally to religious discrimination.

Judge Ho filed a concurring opinion.

Judge Jones, joined by Judges Smith and Oldham concurred only in the judgment, saying in part:

The majority's incomplete ruling ... leaves the bench, bar, and employers and employees with no clue as to what this court will finally declare to be the minimum standard for Title VII liability....

... [A]s the majority recognizes, the Supreme Court emphasizes that Title VII does not effectuate a workplace “general civility code.”...Yet as written, the majority opinion has no baseline for “discrimination” based on terms or conditions of employment.

Court Preliminarily Enjoins Georgia's Ban on Hormone Therapy for Transgender Minors

In Koe v. Noggle, (ND GA, Aug. 20, 2023), a Georgia federal district court issued a preliminary injunction against enforcement of Georgia's ban on hormone replacement therapy for treatment of gender dysphoria in minors. The court said in part:

... SB 140 is subject to intermediate scrutiny both because it classifies on the basis of natal sex ... Adams, and because it places a special burden on nonconformity with sex stereotypes....

First, the preliminary record evidence of the medical risks and benefits of hormone therapy shows that a broad ban on the treatment is not substantially likely to serve the state’s interest in protecting children.... 

... [I]t should be recalled that the question put to the Court is not what the correct course of treatment is for an adolescent with gender dysphoria. The question is whether Georgia has shown an “exceedingly persuasive justification” for the challenged legislative scheme—a scheme that prohibits clinicians and parents from determining the correct course of treatment on an individualized basis, and which does so in a sex-based manner in that it imposes this prohibition only when it comes to “hormone replacement therapy” as a treatment for gender dysphoric youth....

... Defendants’ position that the quality of the existing evidence supporting hormone therapy justifies a ban of that therapy is not persuasive.

The court's decision was handed down one day before the 11th Circuit Court of Appeals (which includes Georgia) issued an opinion vacating a preliminary injunction against Alabama's ban on hormone treatment for minors with gender dysphoria. (See prior posting.)  The Hill reports on the decision.

Illinois Regulation of Limited Purpose Pregnancy Centers Violates 1st Amendment

In National Institute of Family and Life Advocates v. Raoul, (ND IL, Aug. 4, 2023), an Illinois federal district court issued a preliminary injunction against enforcement of Illinois SB 1909 which amends the state Consumer Fraud Act to prohibit limited purpose pregnancy centers from using misrepresentations or concealment to interfere with a person's access to abortion or emergency contraception. the court said in part:

SB 1909 is content based discrimination. The subject of the prohibited speech is not just abortion but speech that emphasizes the negative effects of abortion. What's more, there is ample evidence in the record before the Court at this time that SB 1909 was adopted because of Defendant Raoul's disagreement about the content of Plaintiffs' speech. The message of Plaintiffs' speech is subject to prohibition under SB 1909 but abortion providers' speech is specifically excluded from being sanctioned under the Consumer Fraud Act.