Tuesday, October 01, 2019

Fired Teacher Sues Saying Requirements On Pronouns For Transgender Students Violated His Rights

A Virginia high school teacher filed suit yesterday in a Virginia state trial court challenging his firing for refusing to use male pronouns to refer to a transgender student in his French class.  The complaint (full text) in Vlaming v. West Point School Board, (VA Cir. Ct., filed 10/1-/2019), claims that the teacher's free speech and free exercise rights, as well as other rights, were violated. Plaintiff contends that the case is
about whether the government may force [plaintiff] to express ideas about human nature, unrelated to the school's curriculum, that he believes are false.
Plaintiff also contends that
[his] views and expression related to gender identity, would require [him] to violate his sincerely held religious beliefs.
Washington Post reports on the lawsuit.

Sunday, September 29, 2019

President Trump Sends Rosh Hashanah Greetings

The White House today issued a Presidential Statement on Rosh Hashanah (full text). The holiday begins this evening.  The statement says in part:
...[W]e are all reminded of the virtues we can incorporate into our lives to better us as a Nation—kindness, compassion, and love. Together, with devotion to these ideals, we can form more sincere bonds with people of all faiths to help spread peace and prosperity in the United States and abroad.
Melania and I pray that those celebrating Rosh Hashanah build a more meaningful relationship with God throughout the High Holy Days.  May the Almighty bless you all.

Recent Articles of Interest

From SSRN:

Court In Indian State Bans Animal Sacrifice

In Bhattacharjee v. State of  Tripura, (Tripura High Ct., Sept. 27, 2019), a 2-judge panel of the High Court in a state in northeast India prohibited the sacrifice of animals or birds in any temples in the state. In its 72-page opinion, the court held that only practices which are an "essential and integral part of religion" are protected by Art. 25(1) of India's Constitution.  The court said in part:
[I]t cannot be said that the practice of animal sacrifice is essential to the core of the tenets rituals, ceremonies, ceremonies, beliefs observances or the practice of religion within the temple of Mata Tripureswari or other temples managed by the State within the State of Tripura....
In the instant case, sacrifice of animal in temples is not done out of necessity but merely on the unsighted conviction and credence that such activity would please the deity, who in return would bestow them with blessings and wellbeing. ...
The ban on sacrifice of animal ... does not infringe the fundamental right as enshrined in Part III under Art 25(1) of the constitution for the reason that such practice is contrary to constitutional morality and health....
The animals have basic rights and we have to recognise and protect them. The animal and bird breath like us. They are also creation of God. They have also a right to live in harmony with human beings and the nature.... 
The Leaflet discusses the decision at length.

Saturday, September 28, 2019

DOJ Backs Catholic Archdiocese In Firing of Teacher For Same-Sex Marriage

On Friday, the Department of Justice filed a Statement of Interest (full text) in an Indiana state trial court in Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., (IN Super Ct., 9/27/2019).  In the suit, a teacher in a Catholic school in Indianapolis claims that the Archdiocese wrongly interfered with his contractual relationship with the school when the Archdiocese ordered the school to dismiss the teacher because of his public same-sex marriage. (See prior posting.)  DOJ argued that the First Amendment requires the court to dismiss the teacher's complaint:
The First Amendment bars this action for at least two independent reasons. First, Plaintiff’s action seeks to penalize an indisputably expressive association—the Archdiocese—for deciding which schools may identify as Catholic under its associational umbrella.....
Second, Plaintiff seeks to embroil this Court in a dispute over the Archdiocese’s application of Catholic law, in violation of the church-autonomy doctrine.
A Justice Department press release announced its filing with the court.

Friday, September 27, 2019

Michigan Catholic Adoption Agency Gets Preliminary Injunction Protecting Its Policy on LGBTQ Couples

In Buck v. Gordon, (WD MI, Sept. 26, 2019), a Michigan federal district court issued a preliminary injunction to prevent the state from requiring that a Catholic adoption and foster care agency place children with same-sex couples. The agency currently refers such couples to other agencies.  As summarized by the court:
The State pays St. Vincent to place children with foster or adoptive parents certified as suitable by the State. St. Vincent has done that faithfully, regardless of whether the certified parents were opposite sex, same-sex, or unmarried couples. St. Vincent would like to continue doing so under existing and renewed contracts with the State.  
What St. Vincent has not done and will not do is give up its traditional Catholic belief that marriage as instituted by God is for one man and one woman. Based on that belief, St. Vincent has exercised its discretion to ensure that it is not in the position of having to review and recommend to the State whether to certify a same-sex or unmarried couple, and to refer those cases to agencies that do not have a religious confession preventing an honest evaluation and recommendation. In 2015, the Michigan legislature enacted legislation designed to protect that choice, and until January of 2019, the State defended the right of the State and St. Vincent to make that choice.
That changed when Defendant Attorney General Nessel took office. Leading up to and during the 2018 general election campaign, she made it clear that she considered beliefs like St. Vincent’s to be the product of hate. She stated that the 2015 law seeking to protect St. Vincent’s practice was indefensible and had discriminatory animus as its sole purpose. After her election, she ... put St. Vincent in the position of either giving up its belief or giving up its contract with the State. That kind of targeted attack on a sincerely held religious belief is what calls for strict scrutiny in this case and supports entry of a preliminary injunction preserving the status quo while the case is fully litigated.
Detroit News reports on the decision.

Thursday, September 26, 2019

House Holds Hearing on Trump's "Muslim Ban"

On Sept. 24, two subcommittees of the House Judiciary Committee held a joint hearing on Oversight of the Trump Administration’s Muslim Ban. A video of the full 4-hour hearing, along with copies of the prepared testimony of numerous witnesses and letters from other interested organizations are all available on the Judiciary Committee's website. [Thanks to Michael Lieberman for the lead.]

"Church Autonomy" Requires Dismissal of Fired Faculty Member's Claims

In Garrick v. Moody Bible Institute, (ND IL, Sept. 25, 2019), an Illinois federal district court held that the "church autonomy" doctrine requires dismissal of claims by a former faculty member of a religious college that she was terminated because of her advocacy in favor of women serving as clergy members. The court said in part:
Garrick’s disagreement with Moody’s beliefs on the role of women in the ministry underlies the majority of Garrick’s allegations..... Under these circumstances, if the Court were to delve into the disputes posed by Garrick, it would impermissibly inject the auspices of government into religious doctrine and governance.
However the court said plaintiff could refile Title VII claims if they are untethered from her disagreements with Moody’s religious views.

Muslim Community Center's Claim of Discrimination In Permitting Process Must Proceed To Trial

In OT, LLC v. Harford County, Maryland, (D MD, Sept. 23, 2019), a Maryland federal district court refused to grant summary judgment to either side on almost all the claims by a Muslim group seeking permits to construct a community center. Plaintiffs contend that delays in approval were motivated by religious discrimination in violation of various constitutional and statutory provisions and imposed a substantial burden on their free exercise of religion in violation of RLUIPA.  The court said in part:
Importantly, “a government decision influenced by community members’ religious bias is unlawful, even if the government decision makers display no bias themselves....
Here, Plaintiffs contend that the sequence of events leading up to the County’s decision, departures from the County’s normal procedures, and contemporary statements by County decision-makers demonstrate that County Defendants’ actions were motived by the community’s anti-Muslim beliefs....
Conversely, County Defendants maintain that their decisions here were motivated by their desire to conform to existing practices and the County Code....
[T]he Court concludes that there is a genuine dispute of material fact as to the intent of the County Defendants....
The court similarly concluded that there was a genuine dispute of fact on whether the delay imposed a substantial burden on plaintiffs' right of religious exercise.

Wednesday, September 25, 2019

SPLC's "Hate Group" Designation For Christian Ministry For LGBT Views Is Protected By 1st Amendment

In Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., (MD AL, Sept. 19, 2019), an Alabama federal district court, in an interesting 141-page opinion, dismissed claims by a Christian television ministry against the Southern Poverty Law Center and Amazon's charitable program. As summarized by the court:
The lawsuit is based largely on Coral Ridge’s allegations that, because of its religious opposition to homosexual conduct, SPLC has designated it as a “hate group” and that, because of this designation, Amazon and AmazonSmile have excluded it from receiving donations through the AmazonSmile charitable-giving program.
Coral Ridge has three claims against SPLC: a state claim that its “hate group” designation is defamatory and federal claims for false association and false advertising under the Lanham Act, 15 U.S.C. § 1125. Coral Ridge has a single claim against the Amazon defendants: a federal claim that they excluded it from the AmazonSmile charitable-giving program based on religion, in violation of Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a et seq.
The ministry conceded that it was a "public figure" for purposes of its defamation claim Engaging in a lengthy discussion of the meaning of "hate group", the court rejected the ministry's claim because "An alleged defamatory statement is generally not provable as false when it labels the plaintiff with a term that has an imprecise and debatable meaning." The court went on to say that even if there were a commonly understood definition of "hate group",  the defamation claim should still be dismissed:
To find actual malice just because SPLC publicized a meaning of “hate group” that conflicted with the common understanding of the term would severely undermine debate and free speech about a matter of public concern. This is because, even if the term had achieved a commonly understood meaning, that meaning would not be fixed forever, but rather could evolve through public debate. To sanction a speaker for promoting a genuinely held dissenting view of the meaning of “hate group” would be akin to punishing a speaker for advocating new conceptions of terms like “terrorist,” “extremist,” “sexist,” “racist,” “radical
The court rejected the ministry's Lanham Act claims, finding that they are subject to the same heightened First Amendment standards, not the lower commercial speech standards.

The court also rejected the ministry's claim that Amazon violated the public accommodation provision of the 1964 Civil Rights Act in excluding it from its charitable giving program, saying in part:
Even if it were assumed that the Amazon defendants are places of public accommodation subject to Title II, seeking to receive donations through the AmazonSmile program does not qualify as a service, privilege, or advantage, etc. protected by the statute’s anti-discrimination prohibition. This is because the Amazon defendants limit the ability to receive such donations exclusively to 26 U.S.C. § 501(c)(3) organizations and therefore do not make that ability open to the public. Moreover, an alternative ground for dismissing the claim is that Coral Ridge has not plausibly alleged that the Amazon defendants discriminated against it based on religion.
The court concluded its opinion:
The court should not be understood as even suggesting that Coral Ridge is or is not a “hate group.” It has merely held that SPLC’s labeling of the group as such is protected by the First Amendment....  
SPLC issued a press release announcing the decision.

Break-Away Diocese Cannot Use Former Trademarked Names

In vonRosenberg v. Lawrence, (D SC, Sept. 19, 2019), a South Carolina federal district court,in a 73-page opinion, resolved a trademark dispute between The Episcopal Church and a break-away diocese.  As summarize by World Intellectual Property Review:
A US judge has ordered a former South Carolina diocese of the Episcopal Church to change its name, after concluding the breakaway group was infringing the Episcopal Church’s trademark-protected diocesan shield.
On Thursday, September 19, District Judge Richard Gergel issued an injunction against the breakaway diocese, ordering the group not to use nine trademarks associated with the Episcopal Church and ... The Episcopal Church in South Carolina, an affiliate of the national church.

Jewish Nursing Home Is Exempt From Title VII's Religious Discrimination Provision

In Shand v. Charles E. Smith Life Communities, (D MD, Sept. 23, 2019), a Maryland federal district court held that a Jewish nursing home, Hebrew Home of Greater Washington, is a religious organization for purposes of in Title VII. Under 42 U.S.C. § 2000e-1, religious organizations are exempt from the employment discrimination provisions of Title VII "with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such [organization] ... of its activities."  In the lawsuit, a geriatric nursing assistant claimed the nursing home had failed to grant her request for a religious accommodation.

Tuesday, September 24, 2019

Death-Qualifying Jurors Does Not Infringe Their Free Exercise Rights

In Jackson v. State of Alabama, (AL Ct. Crim. App., Sept. 20, 2019), an Alabama state appeals court in a 135-page opinion dealing with numerous challenges upheld appellant's death sentence.  In one portion of the opinion (pp. 34-40), the court, relying extensively on precedent from other federal district courts, concluded that death-qualifying prospective jurors does not violate the jurors' free exercise of religion.

At the United Nations: Trump's Religious Liberty Forum; Report on Antisemitism; and Abortion Rights Concerns

Yesterday, on the first of his three day visit to the United Nations, President Donald Trump hosted a forum titled Global Call to Protect Religious Freedom. CBN and the New York Post reported on the event. Vice President Mike Pence opened the forum with remarks (full text) and an introduction of the President. President Trump, in an eleven-minute address (full text), said in part:
As we speak, Jews, Christians, Muslims, Buddhists, Hindus, Sikhs, Yazidis, and many other people of faith are being jailed, sanctioned, tortured, and even murdered, often at the hands of their own government, simply for expressing their deeply held religious beliefs.  So hard to believe.
Today, with one clear voice, the United States of America calls upon the nations of the world to end religious persecution.
Trump also announced that the U.S. is creating a coalition of U.S. businesses that will encourage the private sector to protect people of all faiths in the workplace. Others speakers at the forum included U.N. Secretary General António Guterres and Secretary of State Mike Pompeo (video of their remarks).

In another development at the United Nations, the Secretary General on Friday released an interim report (full text) on Combatting Antisemitism. The 19-page report, from the U.N.'s Special Rapporteur on Freedom of Religion or Belief, says in part:
The Special Rapporteur is alarmed by the increase in antisemitism in many countries driven by sources including individuals motivated by white supremacist and radical Islamist ideologies.... He is also concerned at the apparent increase in expressions of antisemitism emanating from sources on the political left as well as with discriminatory laws, regulations and policies of States.
Jerusalem Post covers the recently released report.

Also yesterday at the United Nations, world leaders reached agreement on the UN Political Declaration on Universal Health Coverage. (UN News report.) At the High Level Meeting on Universal Health Coverage, U.S. Health and Human Services Secretary Alex Azar spoke (full text of statement). On behalf of the U.S. and 18 other nations, he noted one area of concern:
The United States joins consensus on today’s political declaration, in recognition of the importance of better health for all, but we wish to state clearly that we disassociate from paragraph 68 of the Declaration.
We do not accept the terms “sexual and reproductive health” and “sexual and reproductive health and reproductive rights” in this Declaration....
These terms must always include language, which some countries blocked, to remind U.N. agencies that each nation has the sovereign right to implement related programs and activities consistent with their laws and policies, and that these terms in no way imply that there is an international right to abortion.
CNN reports on Azar's remarks.

Maryland's Conversion Therapy Ban Upheld

In Doyle v. Hogan, (D MD, Sept. 20, 2019), a Maryland federal district court dismissed free speech and free exercise of religion challenges to Maryland's ban on mental health professionals engaging in conversion therapy with minors. The court said in part:
Although § 1-212.1 regulates speech by prohibiting the use of language employed in the process of conducting conversion therapy on minor clients, it “does not prevent licensed therapists from expressing their views about conversion therapy to the public and to their [clients].” ... Most importantly, § 1-212.1 does not prohibit practitioners from engaging in any form of personal expression; they remain free to discuss, endorse, criticize, or recommend conversion therapy to their minor clients.... 
The Baltimore Sun, reporting on the decision, says the decision will be appealed.

Monday, September 23, 2019

Parent's Challenge To California's Boarding School Regulation Is Dismissed

In Teen Rescue v. Becerra, (ED CA, Sept. 19, 2019), a California federal district court dismissed a suit brought by the parent of a child attending River View Christian Academy, a Christian boarding school which is subject to the California Community Care Facilities Act.  The Act requires private alternative boarding schools to allow students full autonomy on maters of religion and sexual identity.  Seeking to represent all parents and guardians of students in the school, plaintiff alleges that subjecting the school to these requirement violates his religious free exercise and his parental rights. The court dismissed the complaint, saying in part:
Merely developing a plan to train RVCA staff in issues relating to the lesbian, gay, bisexual, and transgender communities does not invade the First Amendment rights of RVCA parents....
Similarly, preventing a community care facility from attempting to change the sexual orientation of its students is not an invasion of the parents’ First Amendment rights. The First Amendment gives Williams the right to believe and profess whatever religion he desires. If sending his child to an exclusively faith-based educational institution is an important part of Williams’ faith, there is nothing in the CCFA that prevents him from doing so.... Williams is free to enroll his child at a CCFA-exempt religious boarding school....
[T]he only injuries alleged here were suffered by Teen Rescue, not the parents. Williams failed to identify a concrete and particularized injury in fact under the Free Exercise Clause. Thus, Williams and the other RVCA parents lack standing to bring a claim under the First Amendment.

Recent Articles of Interest

From SSRN:

Sunday, September 22, 2019

Christian Student Group May Continue Suit Against University

In Intervarsity Christian Fellowship/ USA v. Board of Governors of Wayne State University, (ED MI, Sept. 20, 2019), a Michigan federal district court refused to dismiss a Christian student organization's free exercise, free speech and procedural due process claims against Wayne State University that refused to grant the group recognized student organization status. The University contended that the organization's requirements that its leaders profess the Christian faith violates the University's non-discrimination policy.  The court said in part:
[I]nsofar as religious organizations have a clear constitutional right to choose their own ministers without interference from the government, it is far from implausible that they may affirmatively assert a violation of such right in a 42 U.S.C. § 1983 action. Similarly, InterVarsity’s claim based on its right to internal autonomy in religious affairs may state a claim. The court will not dismiss the claims offered (novel though they may be) in Counts 1 and 2.
Counts 3 and 4 allege Free Exercise violations based on targeting of InterVarsity’s religious beliefs and Wayne State applying its policy in a way that it is not generally applicable.... There are more than enough factual allegations to cross the basic threshold of a valid claim. 
Detroit Free Press reports on the decision.

Friday, September 20, 2019

Justice Department Sues Michigan City Over Mosque Zoning

The Department of Justice announced yesterday that it has filed suit against the city of Troy, Michigan alleging that it has violated the Religious Land Use and Institutionalized Persons Act in denying zoning approval for a mosque to be built by Adam Community Center.  The complaint (full text) in United States v. City of Troy, Michigan, (ED MI, filed 9/19/2019), contends in part:
Troy specifically violated RLUIPA by: (a) imposing an unjustified substantial burden on Adam’s exercise of religion when it denied Adam’s variance requests, 42 U.S.C. § 2000cc(a)(1); and (b) requiring places of worship to abide by more onerous setback and parking restrictions than nonreligious places of assembly, id. § 2000cc(b)(1).
Detroit Free Press reports on the lawsuit.

Thursday, September 19, 2019

6th Circuit Refuses To Allow Congress To Intervene To Defend FGM Ban

As previously reported, after the Department of Justice dropped its appeal of the district court's decision in United States v. Nagarwala which held the federal ban on female genital mutilation (18 USC Sec. 116(a)) unconstitutional under the Commerce Clause, the House of Representatives filed a motion to intervene in the case to defend the constitutionality of the statute. The Detroit Free Press now reports that the U.S. 6th Circuit Court of Appeals last week denied the House's motion to intervene and granted the Justice Department's motion to voluntarily dismiss the appeal.