Court Refuses To Block School's Transgender Rest Room Policy

In Students & Parents for Privacy v. United States Department of Education, (ND IL, Dec. 29, 2017), an Illinois federal district court adopted a magistrate's recommendation (see prior posting)  and refused to block a school district from allowing transgender students to use the restrooms and locker rooms of the gender with which they identify. The court pointed out that a good deal of the case was mooted by developments since the magistrate's recommendation:

First, Student A graduated from Fremd High School and the Locker Room Agreement pertaining to her was accordingly terminated....] Second, the United States Department of Education Office for Civil Rights and the United States Department of Justice Civil Rights Division withdrew the administrative guidance that Plaintiffs had challenged in this action, and issued a joint guidance letter instructing that the views conveyed in the earlier materials should not be relied upon while the issue is under further consideration....

The court went on to hold:

In any event ..., the Magistrate Judge correctly determined that Plaintiffs had not shown a reasonable likelihood of success on the merits that allowing transgender students access to sex-segregated facilities based on their gender identity violates Title IX or the privacy rights of the Student Plaintiffs with whom such facilities are shared, whether such facilities are restrooms or locker rooms. 

Happy New Year 2018!

Dear Religion Clause Readers:

Happy New Year 2018! I hope you continue to find Religion Clause an important resource for news on religious liberty and church-state developments. I continue to strive for objectivity in my posts and to provide links to an abundance of primary source material underlying each post.  I am pleased that my regular readers span the political and religious spectrum and include a large number of law school faculty, journalists, clergy, governmental agency personnel, students and others working professionally dealing with church-state relations and religious liberty concerns in the U.S. and around the world.

It has been a chaotic year in which lines between law and politics, news and opinion, religion and culture have all become increasingly blurred.  In such times, access to a wide spectrum of factual information is of increased importance.

Thanks again to all of you who are loyal readers-- both those who have followed Religion Clause for years and those of you who have only recently discovered the blog.  A special thanks to readers who have quickly sent me leads on recent developments, and to those who have alerted me to mistakes. All of you have made Religion Clause the most recognized and reliable source for keeping informed on the intersection of religion with law and politics. The ABA Journal continues to include Religion Clause as one of 55 legal blogs in its Blawg 100 Hall of Fame.  I encourage you to recommend Religion Clause to colleagues, students and friends who might find it of interest.  It is accessible via Twitter and Facebook, as well as through traditional online access and RSS feeds.

I also remind you that the Religion Clause sidebar contains links to a wealth of resources.  Please e-mail me if you discover broken links or if there are other links that I should consider adding.

Best wishes for 2018!  Feel free to contact me by e-mail (religionclause@gmail.com) in response to this post or throughout the year with comments or suggestions.

Howard M. Friedman

Recent Articles of Interest

From SSRN:

• Perry Dane, Establishment and Encounter, (Research Handbook on Law & Religion (Edward Elgar Publishing, Rex Ahdar, ed.) (Forthcoming)).
• John Witte & Don Browning, Emil Brunner, (in John Witte, Jr. and Gary S. Hauk, eds., Christianity and Family Law: An Introduction (Cambridge: Cambridge University Press, 2017), 307-322).
• John Witte, Foreword: What Does Christianity Offer to the World of Law?, (in Journal of Law and Religion 32 (2017): 4-8).
• John Witte & Gary S. Hauk, Editorial Introduction, (in John Witte, Jr. and Gary S. Hauk, eds., Christianity and Family Law: An Introduction (Cambridge University Press, 2017), 1-15).
• Joseph William Singer, Religious Liberty & Public Accommodation: What Would Hohfeld Say?, (in Wesley Hohfeld A Century Later: Edited Major Works, Select Personal Papers, and Original Commentaries (eds. Shyam Balganesh, Ted Sichelman, & Henry Smith (Cambridge U. Press, 2018, Forthcoming)).

From SSRN (articles on Martin Luther):

• John Witte, The Legal Turn of the Reformation, (in Luther – 95 Treasures, 95 People (Wittenberg: Stiftung Luthergedenkstätten in Sachsen-Anhalt, 2017), 451-455).
• John Witte, Martin Luther's Influence on Legal Reforms and Civil Law, (in Oxford Research Encyclopedia of Religion (March, 2017)).
• John Witte, Luther the Lawyer: the Lutheran Reformation of Law, Politics, and Society, (in Law and Justice: A Christian Law Review 178 (2017): 6-36).
• John Witte & Steven Ozment, Martin Luther, (Published in John Witte, Jr. and Gary S. Hauk, eds., Christianity and Family Law: An Introduction (Cambridge: Cambridge University Press, 2017), 195-210).

From SmartCILP:

• Andrea Pin. Arab Constitutionalism and Human Dignity, 50 George Washington International Law Review 1-67 (2017).
• Jason A. Cantone & Richard L. Wiener, Religion at Work: Evaluating Hostile Work Environment Religious Discrimination Claims, [Abstract], 23 Psychology, Public Policy & Law 351-366 (2017).
• Martha M. Ertman. We Who Believe...Cannot Rest, [Abstract], 17 University of Maryland Law Journal of Race, Religion, Gender & Class 9-14 (2017).
• Rabbi Nina Beth Cardin, Faith and Hospitality, [Abstract], 17 University of Maryland Journal of Race, Religion, Gender & Class 15-19 (2017).
• Marvin Lim, Scrutinizing Sex Under Natural Law: Unitive Sex, Self-Gratifying Sex, and Concepts of Harm, 45 Capital University Law Review 579-634 (2017).
• Eric Yordy, Clamorous Coexistence: The U.S. Commission on Civil Rights and the Internal Battle Between Religion and Nondiscrimination Laws [pdf download], 8 William & Mary Policy Rev. 51-86 (2017).

Recent Prisoner Free Exercise Cases

In Smith v. Murphy, 2017 Conn. Super. LEXIS 4974 (CT Super., Nov. 28, 2017), a Connecticut trial court dismissed an inmate's complaints that his religious oils and his gold chain and cross were placed in temporary storage; however the court allowed him to move ahead on his claim that his oils were wrongly classified as contraband.

In Kollock v. Beemer, 2017 Pa. Commw. Unpub. LEXIS 883 (NPA Commnw. Ct., Nov. 39, 2917), a Pennsylvania state appeals court rejected an inmate's claim that the sex offender treatment program required for parole forces him to admit guilt in violation of his religious convictions by forcing him to bear false witness against himself.

In Riddick v. Department of Corrections, 2017 U.S. Dist. LEXIS 211696 (WD VA, Dec. 26, 2017), a Virginia federal district court dismissed an inmate's complaints that his request for Passover participation and food were not processed, was denied the Common Fare diet, and was not permitted to celebrate both Passover and Ramadan.

In Leibelson v. Collins, 2017 U.S. Dist. LEXIS 212026 (SD WV, Dec. 27, 2017), dismissed the claim by a former inmate who is a transgender woman that her rights were infringed when she was removed from chapel which she was attending.  She attended so she could spend time with another inmate with whom she was having intimate relations.

In Orozco v. Kernan, 2017 U.S. Dist. LEXIS 212146 (ED CA, Dec. 26, 2017), a California federal magistrate judge dismissed with leave to amend a Jewish inmate's complaint that Jewish inmates are spread out among institutions so that none of the locations have ten men for a prayer minyan.

In Monroe v. Gerbing, 2017 U.S. Dist. LEXIS 212172 (SD NY, Dec. 27, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his complaint that during Ramadan, his medications were delivered during fasting hours.

In United States v. Parson, 2017 U.S. Dist. LEXIS 213201 (D NE, Dec. 29, 2017), a Nebraska federal district court ordered an inmate to submit to tuberculosis testing, rejecting his claim that this impermissibly violates his religious rights.

Annual Bibliography of Law & Religion Publications Released By AALS Section

The Law and Religion Section of the Association of American Law Schools has released its annual newsletter which includes a 22-page bibliography of articles and books on Law and Religion published last year, of blogs, and of forthcoming publications by various Section members.

Lithuanian Court Invalidates Jewish Community Election

JTA reports on a  Dec. 21 decision (full text in Lithuanian) by Lithuania's Vilnius District Court invalidating an election for president of the umbrella group, Jewish Community of Lithuania ("LBZ").  The lawsuit filed by the Vilnius Jewish Community challenges a change in voting rules adopted by LBZ's board in the middle of the campaign.  The change disenfranchised 2,200 members of the Vilnius Jewish Community and resulted in the re-election of Faina Kukliansky.  LBZ had earlier attempted to invalidate an election of an opponent of Kukliansky as head of the Vilnius Jewish Community.  LBZ criticized the Vilnius election, contending that Vilnius voters were "mainly Russian speakers calling themselves Jews, with only a minority of people with Litvak blood."

Oregon Appeals Court Upholds Judgment Against Baker Who Refused Same-Sex Wedding Cake

In Klein v. Oregon Bureau of Labor and Industries, (OR App., Dec. 28, 2017), an Oregon appeals court in a 62-page opinion agreed with the state Bureau of Labor and Industries that Sweetcakes bakery violated the state's public accommodation law when it refused to design and create a wedding cake for a same-sex wedding. The court upheld $135,000 in damages that the Bureau had awarded. The court held that the bakery's refusal of service  was "on account of" the couple's sexual orientation. Rejecting plaintiffs' constitutional arguments the court said that "the final order does not impermissibly burden the Kleins' right to the free exercise of their religion because it simply requires their compliance with a neutral law of general applicability...."

Moving to plaintiffs' free expression argument, the court said in part:

Although the Kleins’ wedding cakes involve aesthetic judgments and have decorative elements, the Kleins have not demonstrated that their cakes are inherently “art,” like sculptures, paintings, musical compositions, and other works that are both intended to be and are experienced predominantly as expression. Rather, their cakes, even when custom-designed for a ceremonial occasion, are still cakes made to be eaten. Although the Kleins themselves may place more importance on the communicative aspect of one of their cakes, there is no information in this record that would permit an inference that the same is true in all cases for the Kleins’ customers and the people who attend the weddings for which the cakes are created. Moreover, to the extent that the cakes are expressive, they do not reflect only the Kleins’ expression. Rather, they are products of a collaborative process in which Melissa’s artistic execution is subservient to a customer’s wishes and preferences. For those reasons, we do not agree that the Kleins’ cakes can be understood to fundamentally and inherently embody the Kleins’ expression, for purposes of the First Amendment.

The court concluded that at most intermediate scrutiny applies and the Bureau's order survives that level.  The court however reversed the Bureau's holding that the bakery's statements about the case violated a separate provision prohibiting display of any notice that a business intends to discriminate in the future. KPTV News and The Oregonian report on the decision.

Court Dismisses Challenge To Illinois Law Allowing Medicaid Payments For Abortions

As previously reported, in a suit filed earlier this month plaintiffs challenged HB 40 which eliminates the prior ban on coverage for abortions by the state employees' insurance program and by the state's Medicaid program.  The complaint alleged that funds cannot be expended on abortions because no appropriation has been made, and challenges the effective date of the law.  The Chicago Tribune reports that yesterday state court judge Jennifer Ascher dismissed the challenge, holding that questions such as a law's effective date and whether there is an appropriation are "political questions" which courts cannot decide. Plaintiffs say they will appeal.

Suit Charges FLDS Leaders With Ritual Sex Abuse of Minors

In a lawsuit filed yesterday in Utah state court, a young woman sued the FLDS Church and various of its leaders alleging that she was a repeated victim of ritual sexual abuse when she was between the ages of 8 and 12.  The complaint (full text) in R.H. v. Jeffs, (UT Dist. Ct., filed 12/27/2017), alleges in part:

25. The practice of having sexual relations with underage girls has been consistently sustained by members of the Priesthood Work and participants in the UEP Trust since their inception....

28. The practice of having sexual relations with underage girls continued after Warren S. Jeffs assumed control of the UEP Trust and FLDS Church and after he later became the President of both entities.

29. However, a new practice of having sex and sexual relations with underage girls in the FLDS Temple and other undisclosed FLDS Church and UEP Trust owned properties with girls, ages eight (8) to 14 years old, was initiated by Warren Jeffs, along with leadership of UEP Trust and the FLD Church....

30. Plaintiff was subject to this horrific religious doctrine and religious rituals....

36. This religious ritual abuse continued on a regular basis, between five and six times a week, from the age of 8 years-old until the Plaintiff turned 12 years-old.

37. Once Plaintiff turned 14, she was required to become a witness and scribe to these religious rituals between other young girls and defendants....

Fox13 News reports on the lawsuit.

Senate Condemns Iran's Persecution of Baha'is

Last week (Dec. 21), the United States Senate passed by unanimous consent Senate Resolution 139 condemning Iran's state-sponsored persecution of it Baha'i minority and, more broadly, Iran's continuing violation of international human rights covenants.  The U.S. Baha'i Office of Public Affairs issued a press release announcing the Senate's action and setting out additional background.

FLDS Members Quietly Regaining Their Homes

The Salt Lake Tribune yesterday reported that after 12 years of litigation and impasses, a number of members of the polygamous FLDS Church are quietly working out arrangements with the United Effort Plan trust that will allow them to remain in their homes in Colorado City, Arizona. Most of the UEP properties in the adjoining town of Hilldale, Utah have already been sold off. Up to now, many FLDS members, on religious grounds, had refused to cooperate with the court-ordered restructuring of the Trust.

Court May Not Automatically Defer To Religious Objections Of One Parent In Deciding Child's Best Interest

In Arcella v. Arcella, (NV Sup. Ct., Dec. 26, 2017), the Nevada Supreme Court held that a trial court was wrong in the manner it resolved a dispute between divorced parents over the middle school their child should attend. the father wanted the child to attend a private Lutheran school, but the mother objected to the child's receiving a religious education.  The court, relying solely on the mother's religious objections, decided that the child should attend a public school.  In reversing, the state Supreme Court said in part:

When a district court decides a child's best interest, "[t]he First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion." ... The district court violates this principle of neutrality when it treats one parent's religious objection as dispositive when deciding between a religious school and a nonreligious school....

In sum, a district court does not violate the First or Fourteenth Amendments by ordering a child to attend a religious school over a parent's religious objection. Indeed, the district court must order a child to attend the religious school if attendance at that school accords with the child's best interests.

Las Vegas Review Journal reports on the decision.

Court Tells South Korea To Halt Publicizing Personal Information On Conscientious Objectors

The Hankyoreh yesterday reports that South Korea's Military Manpower Administration is publishing the personal information of religious conscientious objectors on its website. The paper says:

Since last year, the Military Service Act has mandated that a registry be kept identifying those who refuse to report for service without a legitimate reason. But critics have pointed out that presenting those who refuse to serve because of their pacifism or religious beliefs as if they were deliberate draft dodgers subjects them to double punishment....

When the MMA published the personal information of conscientious objectors on its website in Dec. 2016, 105 individuals filed a lawsuit with the Seoul Administrative Court asking for the publication decision to be reversed and another lawsuit asking for a stay of execution on the publication until the court made its decision in the first case. In May, the ... Seoul Administrative Court ... ruled that the publication of their personal information should be halted until the final legal decision, citing “concerns that irreparable damages could be incurred.”

Despite the stay of execution ordered by the court, the MMA included conscientious objectors among the draft dodgers whose personal information was published once again this year. In response, 252 individuals filed the same lawsuit once again..... On Dec. 19, ... the Seoul Administrative Court... once again ruled that the publication of the plaintiffs’ personal information should be halted until the court makes its ruling.

8th Circuit Rejects Trooper's Challenge to Required Ride-Along With Chaplain

In Steckelberg v. Rice, (8th Cir., Dec. 26, 2017), the U.S. 8th Circuit Court of Appeals affirmed the district court's dismissal of a suit by a Nebraska State Trooper alleging various complaints about his treatment in connection with his application for a promotion and for a transfer and in handling grievances he filed. One of plaintiff's complaints, focused on during oral argument in the 8th Circuit, was that as part of his required performance improvement plan, he was required to ride along with the State Patrol chaplain, a Catholic priest, for a shift.  The 8th Circuit apparently agreed with the district court's rejection of the argument that this amounted to government coerced proselytization. The Lincoln Journal Star, reporting on the decision, says that a petition for en banc review is likely to be filed.

Top Church-State and Religious Liberty Developments of 2017

Each year in December, I attempt to pick the most important church-state and religious liberty developments of the past year-- including developments internationally in the mix.  Usually I select the top ten, but this year I have expanded it to 11. The selection obviously involves a good deal of subjective judgment, and I welcome e-mail comment from those who disagree with my choices.  So here are my Top Eleven picks for the rather chaotic year that is currently coming to an end:

1.  President Trump issues and reissues restrictions on immigration and entry of refugees which are challenged in the courts as "Muslim bans."

2. Supreme Court's Trinity Lutheran Church decision opens the possibility of expanded governmental aid to religious institutions.

3. Christian Evangelicals remain core supporters of Donald Trump.

4. Trump Administration expands religious and moral exemptions from ACA contraceptive coverage mandate; court challenges filed.

5. The Masterpiece Cakeshop case attracts over 90 amicus briefs as it is argued before the Supreme Court.  The Christian baker's refusal to create a wedding cake for a same-sex couple becomes a symbol of the cultural clash between ideals of religious freedom and equality, even though arguments focus on free speech issues.

6. Congress fails to repeal the Johnson Amendment, despite promises by President Trump.

7. Transgender discrimination and transgender service in the military remain high profile religious and cultural issues in the courts and in the political arena.

8. The Alt-Right march in Charlottesville reveals resurgence of traditional forms of  anti-Semitism.

9. Supreme Court's decision in Advocate Health Care Network v. Stapleton saves retirement plans of religiously affiliated health care networks from unanticipated and costly ERISA coverage.

10. In Israel, government's suspension of an agreement with Judaism's Reform and Conservative movements to construct a separate prayer space at the Western Wall for egalitarian prayer opens a rift with a large segment of the American Jewish community.

11. India's Supreme Court invalidates Triple Talaq marriage for Muslims in India.

For top picks by other observers of the legal and religious scene, see Don Byrd's Top Ten Religious Liberty Stories, and  Religion News Association's Top 10 Religion Stories of the Year Poll.

Recent Articles of Interest

From SSRN:

• Effie Fokas, Kokkinakis at the Grassroots Level, (Religion and Human Rights 12 (2017) 210-222).
• Effie Fokas, The European Court of Human Rights at the Grassroots Level: Who Knows What About Religion at the ECtHR and to What Effects?, (Religion, State and Society, 2017, 45 (3-4)).
• Martha Albertson Fineman & Silas W. Allard, Vulnerability, the Responsive State, and the Role of Religion, (In Exploring Vulnerability, H. Springhart and G. Thomas (eds.), Vandenhoeck & Ruprecht 2017).
• Deborah A. Widiss, Intimate Liberties and Antidiscrimination Law, (Boston University Law Review, Vol. 97, 2017).
• Prakash Shah, Orientalism, Multiculturalism, and Identity Politics: Hindus and the British Caste Law, (Forthcoming in Quaderni di Diritto e Politica Ecclesiastica (special issue: Daimon. Diritto comparato delle religioni) 2017).
• Jim Nicholls, Taken - An Islamic Inspired Collaboration to Facilitate the Freedom of People Taken Hostage Because of Their Nationality, Race or Beliefs, (December 12, 2017).

Mormon Student Loses Religious Harassment Claim Against College Tennis Coach

In Duffin v. Idaho State University, (D ID, Dec. 21, 2017), an Idaho federal district court dismissed on qualified immunity grounds religious discrimination and other constitutional claims by a Mormon college student who alleges that the head tennis coach and his assistant harassed plaintiff about his religion. The court added:

Defendants were clearly harassing Duffin about his religion, and trying to test his adherence to his beliefs – especially when they invited him to a night club and sent women to his hotel room to proposition him for sex. Such actions were boorish and entirely inappropriate. In doing so, they likely intended to discourage Duffin from practicing his religion and following the tenets of his faith, by presenting him with opportunities to act contrary to his religious beliefs. But, their actions do not rise to the level of coercion or substantial pressure to modify Duffin’s behavior, which is needed to establish a free exercise of religion claim.

The court asserted supplemental jurisdiction over plaintiff's state law claims.  In connection with plaintiff's negligence claim, the court certified a question of law to the Idaho Supreme Court.  The court dismissed plaintiff's intentional infliction of emotional distress claim and denied summary judgment on his claim for negligent infliction of emotional distress.

World Leaders Send Christmas Greetings

President Donald Trump tweeted last night:

People are proud to be saying Merry Christmas again. I am proud to have led the charge against the assault of our cherished and beautiful phrase. MERRY CHRISTMAS!!!!!

[UPDATE:This morning President Trump and the First Lady issued more traditional Christmas greetings via Twitter.]

According  to The Hill, Israeli Prime Minister Benjamin Netanyahu issued similar Christmas greetings:

"I'm very proud to be the prime minister of Israel, a country that says 'Merry Christmas' first to its Christian citizens and to our Christian friends around the world," Netanyahu said in a video posted to Twitter.

Other world leaders used similar phraseology without making an issue of it.  Here are the greetings from Canada's Prime Minister Justin Trudeau .  British Prime Minister Theresa May's Christmas message carried a broader theme:

Let us take pride in our Christian heritage and the confidence it gives us to ensure that in Britain you can practice your faith free from question or fear.

Let us remember those around the world today who have been denied those freedoms – from Christians in some parts of the Middle East to the sickening persecution of the Rohingya Muslims.

And let us reaffirm our determination to stand up for the freedom of people of all religions to speak about and practice their beliefs in peace and safety.

So this Christmas, whatever our faith, let us come together confident and united in the values we share. And wherever you are at this special time of year, let me wish you all a very Happy Christmas. 

Recent Prisoner Free Exercise Cases

In Howard v. Joyce Meyer Ministries, 2017 U.S. Dist. LEXIS 207022 (ED WI, Dec. 18, 2017),  a Wisconsin federal district court dismissed an inmate's complaint that the prison promoted Christianity through a Library drawing, a gift bag give away, and Christian radio programming, as well as his claim that he was not allowed to possess a Buddha emblem necklace.

In Cooper v. Bower, 2017 U.S. Dist. LEXIS 207350 (WD KY, Dec. 15, 2017), a Kentucky federal district court held that correctional officers were entitled to qualified immunity as to their rejection of a Qur'an that had been mailed to plaintiff inmate.

In Spearman v. Williams, 2017 U.S. Dist. LEXIS 208111 (WD MI, Dec. 19, 2017), a Michigan federal district court dismissed on statute of limitations grounds an inmate's claim that his Nuwaubian religious scrolls were lost when he was moved to a different room.

In Sabir v. Williams, 2017 U.S. Dist. LEXIS 208640 (D CT, Dec. 19, 2017), a Connecticut federal district court permitted a Musim inmate to move ahead with his complaint about prison policy that prohibited gropu prayer outside of the chapel.

In Endicott v. Allen, 2017 U.S. Dist. LEXIS 209998 (ED MO, Dec. 21, 2017), a Missouri federal district court allowed a Jewish inmate to move ahead with a number of complaints regarding availability of kosher meals, food items and religious materials. Among his charges he claims that the canteen manipulates the items listed as kosher to catch him buying non-kosher food and obtain his removal from the religious diet list.

In Cochran v. Sherman, 2017 U.S. Dist. LEXIS 210403 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing an inmate to proceed against certain defendants who denied his religious request for a publicly recorded legal name change to Gabriel Christian Hunter.

In Hearns v. Gonzales, 2017 U.S. Dist. LEXIS 210517 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing a former inmate to move ahead with his complaint regarding a retaliatory cell search, but dismissed with leave to amend his complaint regarding damage to and confiscation of his prayer rug.

In Davis v. Hamilton County Jail, 2017 U.S. Dist. LEXIS 210697 (ED TN, Dec. 22, 2017),a Tennessee federal district court dismissed an inmate's complaint that verbal harassment interfered with his ability to practice his religion.

In Saif'Ullah v. Albritton, 2017 U.S. Dist. LEXIS 211188 (ND CA, Dec. 21, 2017), a California federal district court dismissed a Muslim inmate's complaint regarding reminders about the ban on large group noon and afternoon congregational prayer during open day room.

Selective Suspension of Refugee Admissions Is Enjoined

In October, President Trump issued an Executive Order resuming the admission of refugees to the United States, but with increased vetting. (See prior posting.)  A follow-up Agency Memorandum (Fact Sheet) implemented the Executive Order by suspending indefinitely entry of most "follow to join" refugees (i.e. relatives of refugees already resettled in the United States), and suspending for at least 90-days entry of refugees from 11 specified countries.  In Doe v. Trump,  (WD WA, Dec. 23, 2017), a Washington federal district court concluded that the federal agencies involved should have engaged in rulemaking procedures under the Administrative Procedure Act before imposing these restrictions. It also concluded that the suspensions violated various provisions of the Immigration and Nationality Act. the court issued a nationwide preliminary injunction barring enforcement of these restrictions as to any refugee with a bona fide relationship to a person or entity within the United States.  All follow-to-join refugees have such a relationship. Politico reports on the decision.