RLUIPA and Free Exercise Claims Rejected in Suit by Native American Who Held Religious Objections to Blood Alcohol Test

In Shash v. City of Pueblo, (D CO, March 14, 2025), plaintiff who was a leader in the southern Colorado Native American Community Church of Aztlan brought a variety of claims against the city, state police and other state agencies growing out of his arrest and DUI charges brought against him after an auto accident. Among the claims were alleged violations of plaintiff's free exercise rights under RLUIPA and the federal and state constitutions. According to the court:

Plaintiffs allege that Trooper Chavez denied Mr. Shash the opportunity to take a breath test and effectively placed Mr. Shash in a position where he had to submit to a blood test or be charged with DUI....  Plaintiffs argue that this constitutes a substantial burden on Mr. Shash’s First Amendment right to free exercise of his religious beliefs, which prohibit blood draws outside a ceremonial context. 

The court dismissed plaintiff's RLUIPA claim, saying in part:

RLUIPA provides that “[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution.”...

Because Plaintiffs allege that Mr. Shash was never taken to jail, ... the Parties dispute whether Mr. Shash was ever “confined to an institution” for RLUIPA  purposes....  [W]hile Mr. Shash raises arguments relevant to a finding that he was in “pretrial detention,”..., he omits any discussion of whether his time in the Trooper Defendants’ custody was spent in a “facility.”  The Court thus agrees with Defendants that Mr. Shash was never “residing in or confined to” a qualifying institution.

The court dismissed plaintiff's 1st Amendment free exercise claim on qualified immunity grounds, saying in part:

While Plaintiffs allege that Mr. Shash made an “inquiry” regarding his right to decline a blood test that was “based on his right to religious exercise,” there is no allegation that Mr. Shash disclosed his religious beliefs to any Defendant, nor that Trooper Chavez was ever aware of Mr. Shash’s religious beliefs.... In other words, Plaintiffs fail to allege that Trooper Chavez purposefully imposed a substantial burden on Mr. Shash’s free-exercise rights....  Because Plaintiffs have not identified a clearly established First Amendment right implicated by Trooper Chavez’s conduct, Trooper Chavez is entitled to qualified immunity.

The court refused to exercise supplemental jurisdiction over plaintiff's state free exercise claim because it poses a novel question of the degree of scienter required for a violation of the state's free exercise protections in a suit against state officials. Colorado has not adopted a qualified immunity defense.

Recent Articles of Interest

From SSRN:

• Sascha O. Becker, Amma Panin, Steven Pfaff & Jared Rubin, Religion and Economic Development: Past, Present, and Future, (CESifo Working Paper No. 11724 (2025)).
• Steven Douglas Smith, The Once and Future Freedom of the Church: Three Stories, (San Diego Legal Studies Paper No. 25-008 (2025).
• Nausica Palazzo, The Religion of Illiberals and the Anti-Gender Backlash, (Law & Ethics of Human Rights, 18 (2):107-137 (2024)).
• Elizabeth Sepper, James David Nelson & Charlotte Garden, Expressive Association at Work, (124 Michigan Law Review__ (forthcoming 2026)).
• Dylan Morrissey, How Bruen and Dobbs Resolved Opposing Historical Traditions Through Hidden Equal Protection Analysis, (Forthcoming, Columbia Law Review Forum, Vol. 125, May 2025).
• Teresa Stanton Collett, Partial Personhood for the Unborn, (January 28, 2025).

From SmartCILP:

• Journal of Law & Religion, Vol. 39, Issue 2 (May 2024).
• Vrinda Narain, What's Love Got to Do with It? Anti-Love Jihad Laws and the Othering of Muslims in India, 30 UCLA Journal of Gender & Law 167-202 (2023).
• Maggie Crain, Fear and Loathing in Animus: Moral Panic, the Contextualizing Tool for Challenging Gender-Affirming Care Bans, 39 Wisconsin Journal of Law, Gender, & Society 21-54 (2024).

Syria Gets New Interim Constitution That Protects Freedom of Belief

AP reports that on March 13, Syria's interim president, Ahmad al-Sharaa, signed an Interim Constitutional Declaration (full text), which will be in effect until a new permanent constitution for the country is drafted and adopted and national elections are held under it. The Interim Constitutional Declaration provides in part:

Article 3 – Islam, freedom of belief, personal status

1. The religion of the President of the Republic is Islam, and Islamic jurisprudence is the principal source of legislation.

2 - Freedom of belief is protected. The State respects all divine religions and guarantees the freedom to perform all their rituals, provided that this does not disturb public order.

3. The personal status of religious sects is protected and respected in accordance with the law....

 Article 10 – Equality  

Citizens are equal before the law in rights and duties, without discrimination based on race, religion, gender or lineage....

 Article 13 – Expression, privacy, movement  

1. The State guarantees freedom of opinion, expression, information, publication and the press....

Oklahoma Indicts Megachurch Pastor on Charges of Lewd Acts With a Minor

The Oklahoma Attorney General has announced that on Wednesday a Multi-County Grand indicted the founder of a Texas Megachurch on five counts of lewd or indecent acts with a young girl. (Full text of indictment). The AG's press release (full text) announcing the indictment said in part:

Robert Preston Morris, 63, resigned last summer as senior pastor of Gateway Church. The Southlake, Texas-based megachurch is among the largest in the United States.

In December 1982, Morris was a traveling evangelist visiting in Hominy with the family of the alleged victim, who was 12 at the time. The indictment alleges Morris’ sexual misconduct began that Christmas and continued over the next four years....

The statute of limitations is not applicable in this case because Morris was not a resident or inhabitant of Oklahoma at any time.

NBC News reports on the indictment.

Petition Seeks to Stop Latest Effort to Get Bibles in Oklahoma School Classrooms

 As previously reported, the Oklahoma Supreme Court has issued an order staying any work by the Oklahoma Office of Management and Enterprise Services on any new request by the Oklahoma State Department of Education (OSDE) for the purchase of Bibles for distribution to public school classrooms. However, the Department of Education has announced a new "Bibles Back in School" Campaign in which it has partnered with singer Lee Greenwood in asking members of the public to purchase copies of the "God Bless the USA" Bible and donate them to OSDE for it to distribute to classrooms. The website through which purchase may be made says in part:

The God Bless The USA Bible makes a strong visual connection of the KJV translation (red letter edition) along with our nation’s Founding Father Documents – The US Constitution, The Bill of Rights, The Declaration of Independence, and The Pledge of Allegiance – providing a profound visible teaching asset for all. This special Bible will help our next generation of leadership to carry on the future of America as we’ve known it.

Yesterday, the petitioners in Walke v. Walters, (OK Sup. Ct., filed 3/12/2025), filed a Supplemental Petition (full text) with the Oklahoma Supreme Court asking it to issue an injunction prohibiting OSDE from proceeding with the Campaign, arguing that OSDE lacks authority to distribute Bibles to school districts and that the Bibles Back to School Campaign violates provisions of the Oklahoma state Constitution (Art. 1 Sec. 2 and Art. 2 Sec 5)which prohibit public money from being used to support any system of religion. The Petition says in part:

To be sure, private parties are free to offer donations of items-- including Bibles-- to school districts, but state officials cross the constitutional line when they organize, promote, and participate in a campaign to distribute donated copies of a particular religious text to schools.

Americans United issued a press release announcing the filing of the Supplemental Petition.

9th Circuit: Profs Lack Standing to Challenge Addition of Caste Discrimination to University's Anti-Discrimination Policy

In Kumar v. Koester, (9th Cir., March 12, 2023), the U.S. 9th Circuit Court of Appeals held that two Hindu California State University college professors lack standing to challenge the addition of "caste" as a protected class under the university's anti-discrimination and harassment policy. Plaintiffs claim that this addition falsely attributes a caste system to Hinduism. The court said in part:

Appellants allege that the Policy’s inclusion of “caste” stigmatized their religion and caused them to self-censor certain religious practices, like celebrating holidays and discussing religious texts....

The complaint ... alleges that the Policy violates the Religious Clauses of the First Amendment by defining the Hindu religion as including a caste system, and in doing so, “ascrib[es] an oppressive and discriminatory caste system to the entire Hindu religion.”...  

Appellants failed to show that they intend to engage in any religious practice that could reasonably constitute caste discrimination or harassment such that the Policy would be enforced against them....

... How can Appellants be injured by a policy prohibiting conduct that they have no intention to engage in?...

... Appellants have alleged no injury to their ability to exercise their religion.  Rather, their claims only indicate that they are offended by an alleged association of the caste system with Hinduism.  This is the exact “moral, ideological, or policy objection to a particular government action” that the injury in fact requirement is meant to “screen[] out.”...

... [T]he district court made a factual finding that the Policy had no hostility toward religion.  It based that finding on (1) the fact that the Policy does not mention Hinduism; (2) dictionary definitions show “caste” is “readily defined without reference to Hinduism” 

... If the Policy does not stigmatize Hinduism, Appellants have no spiritual injury.  And if there is no injury, there is no standing....  Appellants’ Establishment Clause claim fails for lack of Article III standing....

[Thanks to Dusty Hoesly for the lead.]

Trump Nominates Brian Burch as Ambassador to the Vatican

Yesterday, President Donald Trump formally submitted to Congress the nomination of Brian Burch to be U.S. ambassador to the Holy See. Burch is President of CatholicVote. According to Catholic News Agency, last December Trump announced on Truth Social that he intended to nominate Burch for the position. CNA's report in December said in part:

CatholicVote is a political advocacy group that endorsed Trump in January and ran advertisements in support the president-elect during his campaign. According to CatholicVote, the organization spent over $10 million on the 2024 elections.

Oklahoma Supreme Court Stays for Now Bible Purchases for Public Schools

As previously reported, in October suit was filed by public school parents, teachers and by clergy challenging Oklahoma's requirement for all public schools to incorporate the Bible in their curricula. The suit was filed in the Oklahoma Supreme Court asking it to assume original jurisdiction because of the importance and time-sensitiveness of the case. The suit was filed against the State Superintendent of Education, the State Board of Education, the State Office of Management and Enterprise Services (OMES), and personnel of each agency. OMES processes purchasing requests by state agencies. At the request of the petitioners as well as by OMES, the Oklahoma Supreme Court in Walke v. Walters, (OK Sup. Ct., March 10, 2025), issued an Order (full text) staying any work by OMES on any new request by the Department of Education for the purchase of Bibles as well as staying OMES's work on a pending Request for Proposals on Biblical Character Instruction. The Court however deferred until a later stage in the case petitioners' request for a stay on implementing in its entirety the state's Bible Education Mandate. Oklahoma Public Radio reports on the Court's order.

Ecclesiastical Abstention Doctrine Leads to Dismissal of Church Property Dispute

In Atlantic Korean American Presbytery v. Shalom Presbyterian Church of Washington, Inc., (VA App., March 11, 2025), a Virginia state appellate court held that the ecclesiastical abstention doctrine barred civil courts from hearing a church property dispute where the church involved had previously invoked jurisdiction of the Presbyterian Church Synod in the church's controversy with the Korean American Presbytery. The church went to a civil court only when it was unhappy with the Synod's ruling. At issue was whether the church's property was held in trust for either of the church's parent bodies-- the Atlantic Korean American Presbytery or the Presbyterian Church, U.S.A.  The court said in part:

AKAP asserts that because the PCUSA Synod previously adjudicated part of this dispute after Shalom invoked the Synod’s authority to prevent AKAP from assuming control of its assets, Shalom’s decision to seek a decision from the PCUSA Synod deprived the circuit court (and by extension, this Court) of jurisdiction to hear the matter.  Since we find the Synod’s decision deprives the circuit court of jurisdiction to hear this matter under the ecclesiastical abstention doctrine, we agree that the circuit court could not reach this matter because it lacked jurisdiction even to hear Shalom’s claim as pleaded. ...

By filing the instant complaint in the circuit court, Shalom is collaterally attacking the decision of the PCUSA’s Synod, whose jurisdiction Shalom had previously submitted to before ever initiating the current civil litigation.  Moreover, when initiating its opposition to AKAP’s attempt to seize control over its assets and operations by an Administrative Commission, Shalom filed an ecclesiastical complaint before the Synod while asserting standing to do so as a member of PCUSA and, thus, per PCUSA’s Book of Order, stating it was also a member of AKAP.  When the Synod subsequently denied their ecclesiastical complaint, instead of appealing that decision to the PCUSA General Assembly, Shalom “terminated [its] connection” with AKAP, and filed a civil complaint in the circuit court that sought a declaration that Shalom was not a member of AKAP.  And this complaint did not assert that the Synod’s decision was fraught with fraud or collusion.  Hence, by filing this civil complaint, Shalom effectively collaterally attacked the Synod’s decision (instead of appealing it) and entirely reversed the position it took on its PCUSA membership status before the ecclesiastical tribunal....  For us to find it permissible for Shalom to undertake a litigation strategy of first filing an ecclesiastical complaint in the ecclesiastical bodies of the Presbyterian Church USA, and then, instead of appealing an adverse judgment within that forum—immediately filing a civil complaint in the Circuit Court of Fairfax County to attack the judgment of the Synod—would violate both the Establishment and Free Exercise Clauses of the United States Constitution.

The court's 43-page opinion includes a lengthy review of the development of the ecclesiastical abstention doctrine in Virginia.

Education Department Threatens Enforcement Actions Against 60 Universities for Antisemitic Activities on Campus

 In a press release yesterday, the U.S. Department of Education said in part:

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) sent letters to 60 institutions of higher education warning them of potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students on campus, including uninterrupted access to campus facilities and educational opportunities. The letters are addressed to all U.S. universities that are presently under investigation for Title VI violations relating to antisemitic harassment and discrimination.

Wyoming Enacts State RFRA

Last week, Wyoming Governor Mark Gordon signed HB 0207, the Wyoming Religious Freedom Restoration Act (full text). The Act requires strict scrutiny of state action that substantially burden's a person's right to the exercise of religion. Wyoming is the 29th state to enact a similar statute. Catholic World Report covers these developments.

Suit Challenges NYPD's Forcible Removal of Hijabs as Crowd Control Tactic

Suit was filed this week in a New York federal district court challenging the practice of the New York Police Department of forcibly and publicly removing Muslim women's hijabs as a method of crowd control at demonstrations. The complaint (full text) in Council on American-Islamic Relations New York v. City of New York, (SD NY, filed 3/9/2025) contends that the practice violates the free exercise and free speech protections of the U.S. and New York Constitutions, as well as the 4th Amendment and other provisions of New York law. CAIR issued a press release announcing the filing of the lawsuit.

Supreme Court Denies Cert. In Title VII Religioius Discrimination Case

The U.S. Supreme Court today denied review in Hittle v. City of Stockton, California, (Docket No. 24-427, certiorari denied 3/10/2025). Justice Thomas, joined by Justice Gorsuch, filed an opinion dissenting from the denial of cert. In the case, the U.S. 9th Circuit Court of Appeals affirmed a district court's dismissal of a religious discrimination suit under Title VII and the California Fair Employment and Housing Act brought by the city's former Fire Chief.  Among the several reasons given to plaintiff by the city for his dismissal was his attendance at a Christian religious leadership event on city time and with use of a city vehicle, and his approval for three other Department employees to also attend. (See prior posting.) In his dissent, Justice Thomas said in part:

I would have taken this opportunity to revisit McDonnell Douglas and decide whether its burden-shifting framework remains a workable and useful evidentiary tool.

CNN reports on the denial of review.

Supreme Court Grants Certiorari in Conversion Therapy Ban Case

The U.S. Supreme Court today granted review in Chiles v. Salazar, (Docket No. 24-539, certiorari granted 3/10/2025).  In the case, the U.S. 10th Circuit Court of Appeals in a 2-1 decision held that Colorado's Minor Conversion Therapy Law that bans mental health professionals from providing conversion therapy to minors does not violate the free speech or free exercise rights of mental health professionals. (See prior posting.) The petition for certiorari raises only the free speech issue. The SCOTUSblog case page for the case contains links to pleadings in the case. AP reports on the grant of review.

6th Circuit: Public Official Engaging in State Action Cannot Assert 1st Amendment Defense

In Ermold v. Davis, (6th Cir., March 6, 2025), the U.S. 6th Circuit Court of Appeals upheld a $100,000 damage award to a same-sex couple who were refused a marriage license by Rowan County, Kentucky Clerk Kim Davis who had religious objections to same-sex marriage. The court said in part:

Government officials “have private lives and their own constitutional rights.” ...  But when a public official wields the “authority of the state,” she “engage[s] in state action,” which, by definition, cannot be protected by the First Amendment....

Davis alternatively argues that her Free Exercise rights were violated by a different state action:  Kentucky’s delay in granting her a religious accommodation.  But Plaintiffs had nothing to do with the timing of the accommodation, and Davis’s argument is irrelevant to Plaintiffs’ claim.  Either way, Davis has been found liable for state action—not private conduct—so she cannot raise a First Amendment defense...

 As Davis sees it, a public official can wield the authority of the state to violate the constitutional rights of citizens if the official believes she is “follow[ing] her conscience.” ...  That cannot be correct.  “The very purpose of a Bill of Rights” is to place certain freedoms “beyond the reach of . . . [government] officials.”  ...  Thus, when an official’s discharge of her duties according to her conscience violates the constitutional rights of citizens, the Constitution must win out.  The Bill of Rights would serve little purpose if it could be freely ignored whenever an official’s conscience so dictates....

Davis also argues that Kentucky’s RFRA shields her from liability.  But that statute does not apply here....

Judge Readler filed an opinion concurring in part and concurring in the judgment.  Louisville Courier Journal reports on the decision.

Recent Articles of Interest

From SSRN:

• Melvin Otey, Toward a Broader Theocentric Environmentalism, (December 01, 2024).
• Robert C. Blitt, From Zero to Holy War: The International Community's Ongoing Silence in the Face of the Russian Orthodox Church's Escalating Support for War Against Ukraine, (February 03, 2025).
• Kerrel Murray, Discriminatory Effect(s), (78 Fla. L. Rev. ___ (forthcoming 2026)).
• Helen Alvare, 46th Annual Donald A. Giannella Memorial Lecture: Religious Liberty and Nondiscrimination Law, (Villanova Law Review, Vol. 69, No. 5, pp. 881–920 (2024)).
• Zalman Rothschild, The Right to Exit Religion, (Georgetown Law Journal, forthcoming).
• James Gerard Dwyer, Mired in Meyer's Mischief A Century After Fabrication of Constitutional Parents' Rights, (26 Journal of Contemporary Legal Issues 107 (2025)).
• S. Ernie Walton, Brief of Amicus Curiae Professor S. Ernie Walton in Support of Petitioners in Oklahoma Statewide Charter School Board v. Drummond, (March 03, 2025).
• David Eliot Bernstein, The Supreme Court’s Mysterious 1920s Due Process Education Trilogy, (The Journal of Contemporary Legal Issues, Vol. 26, pp. 41–54 (2025)).
• Kumar Bal Govind Singh, Hate Speech, (January 12, 2025).

From SSRN (Non-U.S. Law):

• Stephen James Bogle, Spiritual Duties and Legal Debts in Seventeenth Century Scotland: A Preliminary Study, (January 25, 2025).
• Hesham Abdelgawad, The Impact of Islamic Law on Cryptocurrency Regulation in Egypt, (MJTILP, Vol 20, Issue 3, 2024).
• Roni M. Rosenberg, Moral and Practical Considerations in the Debate on Physician-Assisted Suicide: The Terminally Ill Adults (End of Life) Bill in England, (January 09, 2025).

From SSRN (Hindu law and rituals):

• Sanjay Koul this week posted 17 recent papers on Hindu law, beliefs and rituals: Liberation and Divine Union: A Study of Moksha in Hindu; The Foundations of Hindu Thought: An Examination of Key Scriptures Across Philosophy, Ethics, and Devotion; Fire Ritual in Sanatana Dharma; Meditation in Sanatana Dharma: An Exploration of Ancient Practices and Philosophical Insights; Exploring Kashmir Shaivism: Philosophy, Practices, and Contemporary Relevance; The Gurukul System Evolution, Impact, and Resurgence of India's Ancient Holistic Education Model; Sacred Texts and Spiritual Pathways: A Comprehensive Analysis of Shaiva, Vaishnava, and Shakta Agamas in Hindu Tradition; The Creation of the Universe and Core Principles of Sanatana Dharma: A Comprehensive Exploration of Hindu Philosophical Foundations; The Rig Veda: A Gateway to Understanding Ancient Indian Spirituality; The Atharvaveda: The Veda of Knowledge and Magic; Exploring the Puranas The Cultural and Spiritual Tapestry of Hinduism; The Upanishads: Foundations of Indian Thought and Their Global Philosophical Impact; The Yajurveda: The Veda of Ritual and Sacrifice; The Samaveda: A Melodic Expression of Ancient Indian Spirituality; The Vedas: Foundations of Ancient Knowledge and Philosophy in Hinduism; Namaste and Namaskar: The Spiritual and Cultural Essence of India's Sacred Greetings

From SmartCILP:

• Vincent J. Samar, Conceptual Schemes/Frameworks and Their Relation to Law: A New Argument for Separation of Church and State, 30 Cardozo Journal of Equal Rights and Social Justice 379-424 (2024).
• Weldon P. Sloan & Joseph M. Capobianco, Faith, Federal Courts, and Free Speech: Do Federal Courts Protect Religious Speech More than Non-Religious Speech?, 22 First Amendment Law Review 147-188 (2024).

Senate Judiciary Committee Holds Hearing on Antisemitism in America

On Wednesday, the U.S. Senate Judiciary Committee held a hearing titled Never To Be Silent: Stemming the Tide of Antisemitism in America. A video of the full hearing and transcripts of the prepared testimony by witnesses are available at the Committee's website.   Jewish News Syndicate reported on the hearing, describing it as a hearing "that addressed where to draw the line between free speech and Jew-hatred."

DOJ Dismisses Suit Claiming Idaho's Abortion Restrictions Conflict With EMTALA

On Wednesday, both parties filed a Stipulation of Dismissal (full text) in United States v. State of Idaho, (D ID, filed 3/5/2025). According to the Stipulation, filing of this with the federal district court in which the suit was brought automatically dissolves the preliminary injunction which the court issued in August 2022.  In the case, the district court had enjoined the state of Idaho from enforcing its nearly total abortion ban to the extent it conflicts with the federal Emergency Medical Treatment and Labor Act.  The case then worked its way to the U.S. Supreme Court which initially granted review and then instead returned the case to the 9th Circuit, finding that certiorari had been improvidently granted. (See prior posting.)  Most recently, the parties argued the case before the 9th Circuit. Idaho's Attorney General Raúl Labrador announced this week's dismissal of the case, saying in part that: "It has been our position from the beginning that there is no conflict between EMTALA and Idaho’s Defense of Life Act." Liberty Counsel issued a press release discussing these developments and pointing out:

Idaho’s abortion law continues to face a separate legal challenge. In January 2025, St. Luke’s Hospital System in Idaho brought a nearly identical lawsuit as to Biden’s claiming the state’s abortion ban prevents women from getting abortions as part of emergency medical care. In St. Luke’s Health System v. Labrador, U.S. District Judge B. Lynn Winmill, who had previously levied the injunction in Biden’s lawsuit, issued a temporary restraining order against Idaho’s attorney general’s office blocking it from enforcing the “Defense of Life Act” pending the results of a later proceedings.

9th Circuit: Church Lacks Standing to Challenge Washington's Health Insurance Coverage Requirements

In Cedar Park Assembly of God of Kirkland, Washington v. Kreidler, (9th Cir., March 6, 2025), the U.S. 9th Circuit Court of Appeals in a 2-1 decision held that a church which opposes abortion and some forms of contraception lacks standing to challenge Washington's Reproductive Parity Act which requires health insurance carriers to provide coverage for contraceptives and abortions. A second state statute allows insurance companies to offer employee plans that accommodate a church's religious objections, so long as employees can separately access coverage for such services from the insurer. However, plaintiff church has been unable to find a plan that accommodates its objections. The court said in part: 

Nothing in the challenged law prevents any insurance company ... from offering Plaintiff a health plan that excludes direct coverage for abortion services. Therefore, an insurance company’s independent business decision not to offer such a plan is not traceable to the Parity Act....

Nothing in the record suggests that Plaintiff’s alleged injury would be redressed if we struck down the Parity Act....

Plaintiff contends, in the alternative, that an employer purchasing a no-abortion plan in Washington still “indirectly facilitates” the provision of abortion services to its employees.  Plaintiff relies on but-for reasoning.  As noted above, under the conscientious-objection statute, employees can obtain coverage for abortion services through their insurance carrier, whether or not the employer has a religious objection....  So, Plaintiff’s argument goes, employees receive coverage that they would not have but for the existence of the health plan provided by their employer, even if the employer’s plan does not itself provide that coverage.... We reject this theory as well.  The general disapproval of the actions that others might decide to take does not create standing, even when some tenuous connection may exist between the disapproving plaintiff and the offense-causing action.

Judge Callahan filed a dissenting opinion.  She agreed with plaintiff's "facilitation" argument. She added in part:

Cedar Park also has standing because the Parity Act caused Kaiser Permanente to stop providing a health plan that excludes abortion coverage and the church cannot procure a comparable replacement.

DOJ Starts Title VII "Pattern or Practice" Investigation of Antisemitism at University of California

The Department of Justice has launched an employment discrimination investigation of the University of California. A DOJ press release this week says in part:

The Federal Task Force to Combat Anti-Semitism announced that the Justice Department has opened a civil pattern or practice investigation into the University of California (UC) under Title VII of the Civil Rights Act of 1964. The investigation will assess whether UC has engaged in a pattern or practice of discrimination based on race, religion and national origin against its professors, staff and other employees by allowing an Antisemitic hostile work environment to exist on its campuses....

Under Title VII, the Justice Department has the authority to initiate investigations against state and local government employers where it has reason to believe that a “pattern or practice” of employment discrimination exists....

CBS News reports on the investigation.