Religion Clause

Friday, July 12, 2024

School's Exclusion of Fellowship of Christian Athletes Violates RFRA and 1st Amendment

In Fellowship of Christian Athletes v. District of Columbia, (D DC, July 11, 2024), a D.C. federal district court issued a preliminary injunction requiring D.C.'s Jackson Reed High School to reinstate Fellowship of Christian Athletes as a recognized student organization for the school year 2024-2025. FCA's recognition had been suspended because it required its student leaders to affirm its Statement of Faith which bars sexual relations outside of heterosexual marriage and bars any sexually immoral act including homosexuality. This was seen as a violation of the school's anti-discrimination policy. The court concluded that applying the anti-discrimination policy in this manner violates the Religious Freedom Restoration Act because it substantially burdens FCA's exercise of religion. The court said in part:

[T]he District’s interest is unjustifiably speculative. It seeks to “protect[] the safety and well-being of its students by promoting an equitable environment free of discrimination.”... [T]he District readily admits that a student in noncompliance with FCA’s Statement of Faith—whether an atheist, Jewish, gay, or lesbian student—is unlikely to seek a leadership position.... The District can thus offer “only speculation” that FCA’s reinstatement would pose an actual threat of discrimination against any Jackson-Reed student based on a protected characteristic.... Such a speculative goal does not pass muster under strict scrutiny.

Moreover, the District’s exclusion of FCA as a means of eliminating discrimination is “fatally underinclusive.”... [T]he District permits student groups besides FCA to continue operating at Jackson-Reed even though they restrict membership on the basis of protected characteristics and/or ideological alignment.... The District’s “interest” in nondiscrimination “cannot justify” a nondiscrimination policy “that requires only religious” groups to “bear [its] weight.” ...

The court also concluded that the school had violated the First Amendment's Free Exercise Clause, concluding that the school's policy was not generally applicable and thus was subject to strict scrutiny. It said in part:

[T]he District permits secular groups to limit their membership to ideologically aligned students while denying the same right to FCA with respect to its leadership. The Court can find “no meaningful constitutionally acceptable distinction between the types of exclusions at play here.”

India's Supreme Court Says Muslim Women Can Invoke Secular Law for Maintenance Award After a Religious Divorce

In Mohd v. State of Telangana, (India Sup. Ct., July 10, 2024), a 2-judge panel of India's Supreme Court held that a Muslim woman who has been divorced under Muslim law, has a choice of seeking maintenance under the secular provisions of Section 125 of the Code of Criminal Procedure in addition to remedies available under the 1986 Muslim Women (Protection of Rights on Divorce) Act. Each of the two justices wrote an opinion. Justices Nagarathna in his opinion said in part:

... [A] technical or pedantic interpretation of the 1986 Act would stultify not merely gender justice but also the constitutional right of access to justice for the aggrieved Muslim divorced women who are in dire need of maintenance. This Court would not countenance unjust or Faustian bargains being imposed on women. The emphasis is on sufficient maintenance, not minimal amount. After all, maintenance is a facet of gender parity and enabler of equality, not charity. It follows that a destitute Muslim woman has the right to seek maintenance under Section 125 of the CrPC despite the enactment of the 1986 Act. Thus, an application for maintenance under Section 125 of the CrPC would not prejudice another application under Section 3 of the 1986 Act insofar as the latter is additional in nature and does not pertain to the same requirements sought to be provided for by Section 125 of the CrPC. One cannot be a substitute for or supplant another; rather it is in addition to and not in derogation of the other.

The Independent reports on the decision.

United Methodist Church Is Not a Jural Entity That Can Be Sued Under NY Child Victims Act

In Chestnut v. United Methodist Church, (NY App. Div., July 10, 2024), a New York state appellate court held that the "United Methodist Church" is not a jural entity that can be sued under New York's Child Victims Act. Plaintiff, who alleged that she was sexually abused as a young child over a 4-year period by a youth group leader who was also the son of a clergyman, named 6 defendants. She alleged that United Methodist Church was in a principal-agent relationship with the Woodbury, New York church that employed the abuser. The court said in part:

Here, the issue of whether United Methodist Church is a jural entity capable of being sued does not concern a religious controversy, and, therefore, does not require the interpretation or application of ecclesiastical doctrine. Instead, the issue of whether United Methodist Church may be considered an unincorporated association rests entirely on neutral principles of law....

... [W]e conclude that the defendants established that United Methodist Church ... is a religious denomination ... and not a jural entity amenable to suit as an unincorporated association. It is undisputed that United Methodist Church does not have a principal place of business, does not have its own offices or employees, and does not and cannot hold title to property, and there is no proof in the record that United Methodist Church has incorporated or held itself out as a jural entity in any other jurisdiction....

... United Methodist Church governs itself through the efforts of United Methodists from all over the world who, at various levels, propose and adopt policies and procedures in the Discipline to be followed by, among others, local churches, annual conferences, and the various corporate entities at the general church level, such as GCFA. Given this unique structure, the hierarchical nature of United Methodist Church's "connectional" structure does not, in and of itself, suggest that United Methodist Church is an unincorporated association or anything other than a religious denomination.

Thursday, July 11, 2024

Arkansas Secretary of State Rejects Abortion Rights Initiative Petitions as Inadequate

Yesterday, Arkansas Secretary of State John Thurston rejected petitions to place a proposed state constitutional amendment on the November ballot that would have given women the right to obtain an abortion during the first 18 weeks after fertilization, and later in cases of rape, incest, fatal fetal anomaly, or to protect the mother's life or physical health. (Full text of Amendment via Arkansas Advocate reporting.) In his letter (full text via Arkansas Advocate reporting) rejecting the petitions, the Secretary of State said that proponents had failed to comply with statutory requirements to file a statement listing paid canvassers by name and stating that they had been supplied with specified information about collecting signatures. Proponents needed 90,704 signatures. Only 87,382 of the 101,525 submitted were from unpaid canvassers.

Suit Challenges HHS Rules Barring Gender Identity Discrimination in Federally Funded Health Care Programs

Suit was filed yesterday in a Missouri federal district court by six states and a national organization of pediatricians challenging new rules adopted in May by the Department of Health and Human Services barring discrimination on the basis of gender identity in federally funded health care programs. The complaint (full text) in State of Missouri v. Becerra, (ED MO, filed 7/10/2024), alleges in part:

1. ... [The] new final rule ... forces doctors to perform, refer for, or affirm harmful gender-transition procedures and forces States to pay for these dangerous procedures in state health plans....

2. HHS threatens to punish doctors and States who do not comply with the mandate by imposing huge financial penalties and excluding them from federally funded healthcare programs like Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP). This punishment would effectively preclude doctors and States from providing healthcare for the most vulnerable children in low-income communities.

3. This harmful rule violates the Affordable Care Act (ACA), the Administrative Procedure Act (APA), the structural principles of federalism, and the freedom of speech.

4. Congress did not authorize any of this. The rule purports to implement the sex-discrimination prohibition in Section 1557 of the ACA, but there is no gender-transition mandate in that statute, nor in Title IX of the Education Amendments of 1972 from which it is derived. Nor did the rule (or the ACA) satisfy the constitutional requirements of clear notice for such a mandate: the States and healthcare providers did not agree to provide, pay for, or affirm gender-transition procedures when they began Medicaid, Medicare, and CHIP.

States bringing the lawsuit are Missouri, Utah, Arkansas, Iowa, North Dakota, South Dakota and Idaho. ADF issued a press release announcing the filing of the lawsuit.

Wednesday, July 10, 2024

9th Circuit Hears Oral Arguments on Requiring Adoptive Parents to Support Gender Identity of Adoptees

The U.S. 9th Circuit Court of Appeals yesterday heard oral arguments (video of full oral arguments) in Bates v. Pakseresht. In the case, an Oregon federal district court rejected plaintiff's free exercise and free speech challenges to the state's denial of her application to be certified to adopt children through the Oregon Department of Human Services. Plaintiff was denied certification because, consistent with her Christian religious beliefs, she would not agree in advance to support an adoptive child's sexual orientation, gender identity, and gender expression. (See prior posting.) Oregon Capital Chronicle reports on the oral arguments.

Kansas Supreme Court Invalidates Ban on D&E Abortions, Abortion Clinic Regulations

In Hodes & Nauser MDs, P.A. v. Kobach, (KS Sup. Ct., July 5, 2024), the Kansas Supreme Court, in a 5-1 decision, held that a 2015 statute that bans (except in limited circumstances) so-called "dismemberment abortions" violates the Kansas state constitution. The court said in part:

S.B. 95 effectively bans a common method of second-trimester abortion called Dilation and Evacuation except when a D & E is "necessary to preserve the life of the pregnant women" or to prevent a "substantial and irreversible physical impairment of a major bodily function of the pregnant woman."...

The State devoted much of its brief to inviting us to reverse our earlier ruling in this case that the Kansas Constitution protects a right to abortion. We decline the invitation....

The State has not carried its burden to establish S.B. 95 is narrowly tailored to furthering any compelling interest.

Justice Wilson filed a concurring opinion, saying in part:

I write separately because I believe S.B. 95 is unconstitutional, though for a different reason than the majority. In my view, this purported law is unconstitutionally vague, leaving a doctor vulnerable to criminal culpability, while providing dubious notice and insufficient explanation to the doctor of what conduct is criminalized. Thus, prosecutors and juries determine retroactively when and how S.B. 95's rules are violated.

Justice Stegall dissented, saying in part:

First, it is noteworthy that the majority cannot bring itself to acknowledge the government's compelling interest in unborn human life. Yes, the majority maneuvers around this problem by skipping it in favor of its narrow tailoring analysis. But the truth is, the majority doesn't answer this question because it is so decidedly troublesome to the majority's new section 1 regime. For the majority, an interest in protecting unborn life— including the dignity of that life—is only "aspirational" with "many nuances and facets" that have "potentially far-reaching precedential effect."... For those unfamiliar with legalese, this translates to, "We don't want to tie our hands with such inconveniences."

In a second 5-1 decision in Hodes & Nauser, MDs. P.A. v. Stanek, (KS Sup. Ct., July 5, 2024), the Kansas Supreme Court, in majority and dissenting opinions covering 114 pages, struck down "a series of statutes and implementing regulations ... relating to licensure of abortion provider facilities." The court said in part:

... [T]he State failed to meet its evidentiary burden to show the Challenged Laws further its identified compelling interest in protecting maternal health and regulating the medical profession as it relates to maternal health. Without this showing, the Challenged Laws do not survive strict scrutiny and are constitutionally infirm. We decline the State's request to sever the unconstitutional licensure requirements because the State failed to meet its burden to show severability is proper under applicable Kansas law. Finally, we deem it unnecessary to address the district court's finding of an equal protection violation because we are affirming the district court's decision on grounds that the State failed to satisfy its burden to show the Challenged Laws further a compelling state interest....

Justice Rosen and Justice Biles each filed a concurring opinion.

Justice Wilson filed a concurring opinion, saying in part:

... I am duty bound to follow the clear and essential path illuminated by our precedent. This is necessary to protect the stability, predictability, and trust in our legal system. My decision to do so is further buttressed by the people's vote on this very matter, which can be interpreted as a repudiation of legislative attempts to eliminate the core holdings of Hodes I—holdings which survive today's confusing and troubling revisions.

Justice Stegall filed a dissenting opinion, saying in part:

The saga of this court's section 1 jurisprudence has now taken its bizarre—but predicted—turn. Recall I wrote at the conclusion of my lengthy dissent in Hodes I that a legal regime of unrestricted access to abortion is now "the judicially preferred policy tail wagging the structure of government dog" and, as such, every rule and even judicial coherence and consistency will "give way, at every turn, to the favored policy." ... Should proof of this claim be required, one need look no further than the pudding of today's decision.... The betrayal of this court's promise of neutral, uniform, and rational constitutional adjudication is as far-reaching as it is audacious—and its damaging impact on this institution's legitimacy will be felt for years to come.

UPI reports on the decision.

Christian Released-Time Education Provider Sues Foe for Copyright Infringement

LifeWise, Inc. is a Christian nonprofit organization that provides released-time religious education to public school students where state law permits. It uses a copyrighted curriculum which it has developed. Last week it filed a copyright infringement suit in an Indiana federal district court against Fort Wayne parent Zachary Parrish who was a creator of a Facebook group and a website opposing use of the LifeWise curriculum. Parrish's website contends that "Lifewise Academy is spreading Evangelical Christianity, Purity Culture, Christian Nationalism, homophobic beliefs, transphobia, and hateful rhetoric to the youngest of our children." The complaint (full text) in LifeWise, Inc. v. Parish, (ND IN, filed 7/2/2024), alleges in part:

30. ... Mr. Parrish signed up online to volunteer for LifeWise.

31. ... Mr. Parrish does not support LifeWise’s mission. Instead, his goal was to gather information and internal documents with the hope of publishing information online which might harm LifeWise’s reputation and galvanize parents to oppose local LifeWise Academy chapters in their communities.

32. ... [A]fter submitting his fraudulent volunteer application, Mr. Parrish improperly gained access to LifeWise’s information storage systems, downloaded internal LifeWise documents, and posted them to his Website. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.

33. On April 9, 2024, LifeWise’s attorney sent Mr. Parrish a cease and desist letter informing him of his infringement and requesting he remove LifeWise’s internal documents, which are currently unregistered works, from the Website.

34. Mr. Parrish responded by emailing a meme stating: “it’s called fair use bitch.”

WOSU Public Media and Cleveland.com report on the lawsuit.

Tuesday, July 09, 2024

Claims That College Encouraged Jewish Plaintiffs to File Antisemitism Claims Are Dismissed

As previously reported, five Orthodox Jewish faculty members at New York's Kingsborough Community College are suing the school, the faculty union and various faculty members asserting religious hostile work environment and retaliation claims. Two of the faculty member defendants in turn filed cross claims against the school (which is part of City University of New York) alleging breach of contract and First Amendment violations. They alleged that the school was complicit with plaintiffs in attempting to retaliate against them for their expression of anti-Israel views. In Lax v. City University of New York, (Kings Cty. NY Sup. Ct., July 5, 2024), a New York state trial court dismissed the cross claims. The court said that cross claimants had not alleged any retaliatory animus or adverse action taken by the school. The court said in part:

CUNY, as a governmental entity, cannot be held liable for failing to prevent plaintiffs from allegedly violating Wetzel and Perea's right to free speech since CUNY was not charged with any affirmative duty to silence plaintiffs regarding their complaints of discrimination and anti-Semitism....

Having an anti-Israel political agenda is not a protected group under the NYSHRL or the NYCHRL....

... Wetzel and Perea have not alleged that CUNY instigated or encouraged plaintiffs to file their EEOC complaints or to otherwise accuse them of anti-Semitism.

--[CORRECTED]

[Thanks to Volokh Conspiracy for the lead.]

Monday, July 08, 2024

Mohamed Elsanousi Appointed to USCIRF

On June 26, President Biden announced his appointment of Dr. Mohamed Elsanousi as a member of the United States Commission on International Religious Freedom. Dr. Elsanousi is Executive Director of the Network for Religious and Traditional Peacemakers. He was a founder of Faiths4Vaccines which promoted equitable distribution of the Covid vaccine and combatted vaccine hesitancy. According to the organization's website, he holds a bachelor’s degree in Shariah and Law from Islamabad, Pakistan's International Islamic University, an LL.M. and a Ph.D from Indiana University School of Law, as well as a graduate diploma in philanthropic studies from the Indiana University Center on Philanthropy. USCIRF's announcement of his appointment says in part:

Elsanousi was the Principal Coordinator for developing the standards and protocols for safeguarding the rights of Christian, Jewish, and other religious minorities in Muslim-majority communities. His efforts in this role led to the adoption of the Marrakech Declaration, the most recognized Islamic theological document advocating for improved religious freedom.

Sunday, July 07, 2024

Two Additional Courts Enjoin Enforcement of New Title IX Rules

In addition to the nationwide preliminary injunction against enforcement of the Department of Education's new Title IX rules on transgender discrimination (see prior posting), two other federal district court last week issued more geographically limited preliminary injunctions against enforcement of the same rules. In State of Florida v. Department of Health and Human Services, (MD FL, July 3, 2024), a Florida federal district court enjoined enforcement within Florida, saying in part:

HHS and the Final Rule interpret Title IX, and hence section 1557, to prohibit discrimination based on “gender identity.” 89 Fed. Reg. at 37,699 (45 C.F.R. § 92.101(a)(2)). The Final Rule is stillborn and a nullity if Title IX does not prohibit discrimination on the basis of “gender identity.” The Eleventh Circuit has spoken on this point, clearly: Title IX does not address discrimination on the basis of gender identity. Adams v. Sch. Bd. of St. John’s Cnty., 57 F. 4th 791, 812–15 (11th Cir. 2022) (en banc). Frankly, this ends the issue—the new Rule appears to be a dead letter in the Eleventh Circuit.

In State of Kansas v. U.S. Department of Education, (D KS, July 2, 2024), a Kansas federal district court issued a preliminary injunction against enforcement of the new rules in Kansas, Alaska, Utah and Wyoming, saying in part:

... [T]he purpose of Title IX was to protect “biological women from discrimination in education[;] [s]uch purpose makes it difficult to sincerely argue that, at the time of enactment, ‘discrimination on the basis of sex’ included gender identity, sex stereotypes, sexual orientation, or sex characteristics.”... The DoE’s reinterpretation of Title IX to place gender identity on equal footing with (or in some instances arguably stronger footing than) biological sex would subvert Congress’ goals of protecting biological women in education....

... [T]he court finds that the Final Rule involves issues of both vast economic and political significance and therefore involves a major question.... As such, Congress must have given the agency “clear statutory authorization” to promulgate such a Final Rule.....The court finds that Congress did not give such clear statutory authorization to the DoE....

... [T]he Final Rule violates the Spending Clause because it introduces conditions for spending that were not unambiguously clear in Title IX....

The court finds that Plaintiffs have shown that the Final Rule violates he First Amendment by chilling speech through vague and overbroad language.....

[T]he court finds that the Final Rule is arbitrary and capricious because it offers an implausible explanation for agency action, is a sharp departure from prior action without a reasonable explanation, and failed to consider important interests as discussed herein.

Arizona Governor Vetoes Bill That Would Have Required Equal Insurance Coverage and Access for Gender Detransitioning

On June 18, Arizona Governor Katie Hobbs vetoed (full text of veto letter) vetoed Senate Bill 1151 (full text) that would have required health insurers that cover gender transition procedures to also provide coverage for gender detransition procedures. It would also have required physicians and hospitals that provide gender transition procedures to provide or pay for gender detransition procedures. It also would have required insurance companies to report data to the state (without identifying information on patients) on detransition claims. Governor Hobbs in her veto letter said that the bill is unnecessary and would create privacy risks for patients. Catholic News Agency reported on the Governor's veto, quoting many who disapproved of her action.

Friday, July 05, 2024

Court Grants Nationwide Injunction Barring Extensiion of Title IX To Gender Identity Discrimination

In State of Tennessee v. Becerra, (SD MS, July 3, 2024), in a suit brought by 15 states a Mississippi federal district court issued a nationwide preliminary injunction barring the Department of Education from enforcing its new rules under Title IX insofar as they define sex discrimination as including discrimination on the basis of gender identity. The court said in part:

The Supreme Court recently held that agencies are no longer entitled to deference pursuant to Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc.... because Chevron “allow[ed] agencies to change course even when Congress [had] given them no authority to do so.” Loper Bright Enters. v. Raimondo,....

The Supreme Court further held that “statutes, no matter how impenetrable, do — in fact, must — have a single, best meaning....

In summary, the Court has found no basis for applying Bostock’s Title VII analysis to Section 1557’s incorporation of Title IX. HHS acted unreasonably when it relied on Bostock’s analysis in order to conflate the phrase “on the basis of sex” with the phrase “on the basis of gender identity.”...

... [T]his Court cannot accept the suggestion that Congress, with a “clear voice,” adopted an ambiguous or evolving definition of “sex” when it acted to promote educational opportunities for women in 1972.

Mississippi Today reports on the decision.

Thursday, July 04, 2024

NY Sanitation Worker Can Move Ahead on Failure To Accommodate Anti-Vax Beliefs

Decisions on suits by individuals who were denied religious exemptions from now-rescinded Covid vaccine mandates are still being issued by the courts. In Rizzo v. New York City Department of Sanitation, (SD NY, July 2, 2024), a New York federal district court refused to dismiss a Title VII failure to accommodate claim (as well as similar state-law and local-law claims) brought by a New York City sanitation worker. The court rejected the city's arguments that the worker's objections were based on conscience, not religion. It also rejected, at least at this stage of the litigation, the city's argument that accommodation would impose an undue burden on the city. The court also allowed plaintiff to move forward on his claim that the city failed to engage in cooperative dialogue as required by the New York City Human Rights Law. However, the court dismissed plaintiff's Title VII disparate impact claim and his 1st Amendment Free Exercise claim.

Wednesday, July 03, 2024

Court Rejects Texas AG's Challenge To Catholic Agency Assisting Migrants

As previously reported, a legal battle has been underway between Annunciation House, a Catholic agency serving migrants and refugees in El Paso, and Texas Attorney General Ken Paxton who accuses the agency of sheltering migrants who have entered the country illegally. This week the Attorney General failed in his efforts to close down Annunciation House. In Annunciation House, Inc. v. Paxton (I), (TX Dist. Ct., July 1, 2024), a Texas state trial court held that Texas statutes which bar harboring migrants to induce them to stay illegally in the U.S. are pre-empted by federal law and cannot be used as the basis for a quo warranto action to revoke the agency's registration to operate in Texas. The court said in part:

The State’s proposed counterclaim in the nature of quo warranto violates the Texas Religious Freedom Restoration Act by substantially burdening Annunciation House’s free exercise of religion and failing to use the “least restrictive means” of securing compliance with the law.

In Annunciation House, Inc. v. Paxton (II), (TX Dist. Ct., July 1, 2024), the court dismissed the Attorney General's suit against Annunciation House, saying in part:

The record before this Court makes clear that the Texas Attorney General’s use of the request to examine documents from Annunciation House was a pretext to justify its harassment of Annunciation House employees and the persons seeking refuge.

El Paso Times reports on the case.

Tuesday, July 02, 2024

Belgian Court Fines Catholic Archbishop and Cardinal for Denying Woman Clergy Training

The Pillar and Catholic News Agency report that a Belgian civil court has fined a Cardinal and an Archbishop each 1500 Euros for refusing to allow a woman to register for training as a deacon in the Catholic Church. Article 10 of Belgium's Constitution provides that "Equality between women and men is guaranteed." In Belgium, the state pays the salaries of clergy, but the Catholic Church reserves holy orders to baptized men. While the court held that the Church should have admitted Veer Dusauchoit for training, it did not address whether the Church would later be required to ordain her.

Alaska Supreme Court Rejects Facial Challenge To Law Allowing State Reimbursement to Home Schoolers For Materials

In State of Alaska, Department of Education & Early Development v. Alexander, (AK Sup. Ct., June 28, 2024), the Alaska Supreme Court refused to hold unconstitutional on its face a state statute that permits school districts to approve an allotment of funds to families to purchase educational materials and services for correspondence study programs from public, private or religious organizations. Plaintiffs contended that the law violates a provision in the Alaska Constitution barring the use of public funds for the direct benefit of any religious or other private educational institution. The Supreme Court said that there are some clearly constitutional applications of the statute, so a facial challenge does not succeed. It added:

Under AS 14.13.300-.310 it is school districts, not the State, that design students’ individual learning plans and authorize particular uses of allotment funds to purchase services and materials in connection with those plans. For this reason, Alexander’s claim that certain uses of allotment funds are unconstitutional cannot proceed without joining a school district that has authorized those uses of allotment funds.

The superior court rejected this argument, which was error. We therefore vacate the court’s denial of the State’s motion to dismiss Alexander’s as-applied challenge and remand for further proceedings. To proceed with an as-applied challenge on remand, Alexander must decide which particular uses of allotments he believes are unconstitutional and then identify and join the school district or districts that authorized that spending.

Alaska Watchman reports on the decision.

Monday, July 01, 2024

Jewish Women Lack Standing in Religious Freedom Challenge to Kentucky Abortion Restrictions

In Sobel v. Cameron, (KY Cir. Ct., June 28, 2024), plaintiffs, three Jewish women, alleged, among other things, that the lack of exceptions for complications during pregnancy and lethal fetal anomalies in Kentucky's restrictive abortion laws impinge on their willingness to follow their religious obligations to expand their families in a manner that does not jeopardize their health or the health of their unborn children. Plaintiffs say that "In Judaism, having children is considered a blessing, and the commandment to be fruitful and multiply is paramount." Plaintiffs alleged that the abortion statutes are unconstitutionally vague, violate the Kentucky Religious Freedom Restoration Act and reflect sectarian Christian views that denigrate Jewish practice. A Kentucky state trial court dismissed the case, saying in part:

... [T]he alleged injuries of the three Plaintiffs are hypothetical as none are currently pregnant or undergoing IVF at the present time. Accordingly, the Court simply cannot find that the plaintiffs have shown "the existence of an actual controversy respecting justiciable questions which is a required condition precedent for a declaratory judgment action.... Therefore, the Court must conclude that the Plaintiffs here lack standing to proceed in this action.

NPR reports on the decision. [Thanks to Thomas Rutledge for the lead.]