Monday, August 17, 2026

Suit Claims Head of Georgian Orthodox Church in North America Is Attempting To Wrongfully Take Property of 3 Monasteries

Suit was filed last week in a New York federal district court against the presiding bishop of the Georgian Orthodox Church in North America by three Georgian Orthodox monasteries-- two in Maryland and one in Oklahoma. The abbots who head the monasteries are also plaintiffs. They contend that the bishop (Bishop Saba) engaged in a series of actions, including defamation of two abbots, designed to take for himself the properties of the three monasteries. The complaint (full text) in Hanson v. Intskirveli, (SD NY, filed 8/14/2026), alleges in part:

4. The Defendants began their public campaign to discredit and besmirch the Monastic Plaintiffs immediately after the Monastic Plaintiffs voiced conscientious objections to certain actions that Bishop Saba had taken, including his proposal to enact a church constitution that would facilitate seizing for himself any and all monastic property.  

5. The campaign against Monastic Plaintiffs featured the Defendants falsely declaring that the Monastic Plaintiffs had been deposed and laicized (i.e., ... that Abbot Christophoros and Abbot Athanasios were to be stripped of their priestly and monastic status). Such sanctions are among the most severe and stigmatizing in the Orthodox community. 

6. The Defendants knew their declarations were false because they knew such declarations were baseless....

8....   Bishop Saba never suspended either abbot from conducting their clerical duties; nor did he appoint substitutes for them. Yet, despite knowing that the process was unsound, Bishop Saba ...purported, through broadly publicized declarations, to laicize Abbot Christophoros and Abbot Athanasios....

10. The Defendants’ defamatory acts are part of a larger course of conduct involving Bishop Saba’s attempts to control and claim title to the Monastery Plaintiffs’ property. Before the defamatory campaign, Bishop Saba drafted and advocated for language that would ultimately form Article 21.7 of GAOCNA’s constitution. Article 21.7 provides that, upon an alleged “heresy, schism, or defection, . . . title, management, administration and control” of the property of an affected monastery “shall immediately revert to the Diocesan Bishop.”....

12. The Plaintiffs dispute that Article 21.7 gives Bishop Saba any right to claim title over the Monastery Plaintiffs’ property...  A declaration is necessary to resolve that present property dispute and prevent Bishop Saba from unlawfully seizing the Monastery Plaintiffs’ property. 

13. Through this action, the Plaintiffs seek redress for the Defendants’ false, defamatory, and misleading statements, a declaration that Bishop Saba has no right to claim title to their property under Article 21.7 of GAOCNA’s constitution, and justice for the profound injuries the Defendants have inflicted upon them....

[Thanks to Eugene Volokh via Reigionlaw for the lead.]

Recent Articles of Interest

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Friday, August 14, 2026

Arizona Supreme Court Defines Elements of Clergy-Penitent Privilege

In Rodriguez-Ramirez v. State of Arizona, (AZ Sup. Ct., Aug. 12, 2026), the Arizona Supreme Court held that a conversation which the pastor of a Phoenix church had with his co-pastor in which the pastor discussed a sexual impropriety he committed was not a "confession" and so was not protected by Arizona's Clergy-Penitent Privilege statute.

The Arizona Supreme Court adopted a 4-part test to determine whether the privilege applies: (1) Is the person who received the confession a clergyman or priest as defined by the church's customs and laws. This is not limited to members of religious organizations with ordained clergy. (2) Was the confession made while the clergyman or priest was acting in his professional capacity? (3) Was the confession made in the course of discipline enjoined by the church to which the clergyman or priest belongs? (4) Was the communication at issue a "confession"? The Court said in part:

Doe [v. Corporation of the President] defined “confession” consistent with the First Amendment’s Free Exercise and Establishment Clause jurisprudence, as “a confidential acknowledgment or admission of a crime, sin, or fault to a member of the clergy, priest, or Christian Science practitioner for the purpose of absolution.” ... We construe ”absolution” by its function, not by denomination.  A confession need not follow a formal sacramental rite; it is enough that the penitent discloses a crime, sin, or fault to a member of the clergy while seeking spiritual absolution, consolation, or guidance....  The dispositive question is not whether the penitent’s tradition observes a rite of absolution, but whether the communication sought spiritual absolution, consolation, or guidance.  Accordingly, a party invoking the Clergy-Penitent Privilege must first establish that the communication constitutes a confession....  Only if that threshold requirement is satisfied do we consider the remaining requirements governing the privilege.

Applying this definition does not require the kind of doctrinal analysis we held impermissible in Doe....  The test we describe here does not run afoul of that holding.  A factfinder applying our definition does not assess whether a communication satisfies any particular faith’s theological requirements; it asks only whether the communication sought spiritual absolution, consolation, or guidance.  That question is factual—it asks what the communication was for, not whether it complied with the tenets of any religion—and it therefore does not implicate the constitutional concerns identified in Doe....

The superior court reasonably found that the discussion centered on protecting Rodriguez-Ramirez’s reputation, addressing church administration, and minimizing the legal and practical consequences of the allegations made against him.  The discussion even turned to the logistics of Rodriguez-Ramirez’s flight from law enforcement, in case Padron’s efforts to dissuade the victim’s parents from pursuing charges failed.  The record contains reasonable evidence supporting those findings, and the court of appeals therefore erred in declining to defer to them. 

Collectively, those findings establish that Rodriguez-Ramirez neither sought absolution from Padron nor intended that their communication remain confidential.  His communication with Padron, therefore, did not constitute a confession as defined in Doe

DOJ's Title VI Suit Against Harvard Is Dismissed

 As previously reported, in March the Justice Department filed suit against Harvard University alleging discrimination against Jewish and Israeli students in violation of Title VI of the 1964 Civil Rights Act. Among other things, the suit sought injunctive relief, cutting off of future payments under existing grants to Harvard and recovery of all grant payments made to the University during the period that Title VI violations occurred. Now in United States v. President and Fellows of Harvard College, (D MA, Aug. 13, 2026), a Massachusetts federal district court dismissed the government's suit.  It found injunctive relief inappropriate, saying in part:

The Amended Complaint focuses almost entirely on incidents that took place during the 2023-2024 school year.  Only three incidents are alleged to have occurred after this period, all of which took place nearly a full year later (and more than one full academic year before this case was filed) in March of 2025.  Without diminishing any concern arising from these occurrences, the court finds them, singly and collectively, to be too isolated and episodic to support a plausible inference that any institutionalized noncompliance with Title VI persists at Harvard to this day....

It found cutting off of grants inappropriate, saying in part: 

... [T]he controlling statute unequivocally authorizes the Government to take action only if and after it “has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.”...  The Government provided the requisite notice underlying this action on June 30, 2025.... [T]he Amended Complaint is devoid of any factual allegations plausibly establishing that any events that might be construed as evidence of noncompliance occurred after June 30, 2025.

... Congress’s intent was not to penalize a wayward funding recipient but instead to incentivize it to bring itself into compliance with Title VI....

Harvard Crimson reports on the decision.

Thursday, August 13, 2026

Certiorari Petition Seeks Overruling of Locke v Davey

 A petition for certiorari (full text) was filed Tuesday with the U.S. Supreme Court seeking review of the 4th Circuit's decision in Hall v. Fleming.  In the case, the U.S. 4th Circuit upheld the constitutionality of a Virginia Tuition Assistance Grant Program that denies grants to undergraduate students studying in programs that provide religious training or theological education.  The petition for review asks the Supreme Court to overrule its 2004 decision in Locke v. Davey, the precedent on which the 4th Circuit relied in upholding Virginia's program.

ADF announced the filing in a press release that said in part that Josh Davey, who was the respondent in Locke v. Davey, is a co-counsel in this appeal.

Fellowship of Christian Athletes Sues to Challenge School's Ban on Outside Adults at Student Religious Club Meetings

Suit was filed this week in a New Jersey federal district court by the Fellowship of Christian Athletes (FCA) challenging a New Jersey school district's ban on outside adults attending on-campus meetings of student religious groups. The ban was put in place after a complaint from the Freedom from Religion Foundation.  Fellowship of Christian Athletes organizes student chapters called "huddles" in which students pray, engage in Bible study, support one another in their faith and athletics, and eat pizza. FCA staff and adult volunteers also attend the huddles. The complaint (full text) in Fellowship of Christian Athletes v. Board of Education of the Hopewell Valley Regional School District, (D NJ, filed 8/11/2026), alleges in part:

... [T]he District’s new religious-clubs-only volunteer ban does indeed discriminate against religious clubs and single them out for disfavored treatment. While FFRF had claimed that FCA’s adult supporters were being given “unique access” to students, this is simply false. The District expressly permits adult visitors on its campuses for a variety of different reasons. And other non-religious student groups are allowed to—and regularly do—take advantage of this permission as a matter of course....

... FCA’s student leaders want to meet with fellow students and adult volunteers on campus so they can model to fellow students and coaches what it looks like to follow Christ in their school communities—something they cannot do if they’re forced to meet elsewhere.  

Having adult staff and volunteers present on campus is also critical to FCA’s religious mission because it allows FCA to see how student leaders are doing and give the students invited feedback and guidance....

Plaintiffs allege that the school's action violates their free exercise, free speech and equal protection rights as well as the federal Equal Access Act and the New Jersey Law Against Discrimination. 

Becket Fund issued a press release announcing the filing of the lawsuit.

Wednesday, August 12, 2026

Massachusetts Liberalizes Access to Late Term Abortions

On Monday, Massachusetts Governor Maura Healey signed H.5595, titled An Act Prioritizing Patient Access To Care (full text). Under previous law, abortions after 24 weeks of pregnancy were permitted only where necessary to preserve the life or health of the mother, or where there is lethal fetal anomaly or grave fetal diagnosis that is incompatible with sustained life outside of the uterus. The new law instead allows abortions to be performed by physicians after 24 weeks "based upon the professional judgment of the physician." It provides further that "no medical review process shall override the professional judgment of a treating physician and a patient or the patient’s health care proxy to provide an abortion.... " And it eliminates the requirement that abortions after 24 weeks be performed in a hospital authorized to provide obstetrical services.

A press release from the Governor's office says in part:

The legislation updates Massachusetts' abortion law by allowing physicians to rely on their professional medical judgment, consistent with accepted standards of care, when providing abortion care later in pregnancy. The law is intended to ensure that patients facing devastating fetal diagnoses, serious pregnancy complications or other complex medical circumstances can receive timely care without unnecessary legal uncertainty.

NBC Boston reports on the new law.

UPDATE: The conservative political action organization CatholicVote has issued a Public Statement (full text) urging the Catholic bishops of Massachusetts to declare that Governor Healey has incurred automatic excommunication for signing the abortion bill.

Suit Challenges Illinois End of Life Options Act

Suit was filed yesterday in an Illinois federal district court by four Catholic doctors, a Catholic bishop and a Lutheran skilled nursing facility objecting to the requirement that they comply with Illinois' recently enacted End of Life Options Act. The complaint (full text) in Kirchoff v. Treto, (ND IL, filed 8/11/2026), alleges in part:

... Illinois’s “End-of-Life Options” Act ...—which takes effect on September 12th—both legalizes assisted suicide and mandates that doctors who conscientiously object to it nonetheless promote its alleged “benefits” to “terminally ill” patients and, if requested, refer or transfer those patients to someone who is “able and willing” to help them commit suicide..... 

Illinois’s conscription of objecting practitioners into its new assisted suicide regime blatantly violates the First and Fourteenth Amendments. Indeed, EOLO plainly compels or restricts speech based on content and viewpoint by requiring such practitioners to (a) discuss assisted suicide’s alleged “benefits” and make specific “referrals” for the same....

EOLO also violates the First Amendment right of expressive association by forcing health care entities to hire and otherwise associate with health care professionals who promote or even directly participate in assisted suicide. 

EOLO additionally violates the First Amendment’s protection for the free exercise of religion and church autonomy. Put simply, requiring only a narrow class of “health care professionals” to discuss the “benefits” of and “refer” for assisted suicide with respect only to “terminally ill” patients, contrary to those professionals’ deeply held religious beliefs, is neither neutral nor generally applicable. And requiring health care entities to hire and retain employees who promote and even participate in assisted suicide violates the internal governance of religious institutions in deciding whom they authorize to carry out their religious mission to save and promote the dignity of every patient’s life....

Thomas More Society issued a press release announcing the filing of the lawsuit.

Tuesday, August 11, 2026

Court Grants Reconsideration in Free Exercise Challenge to School's Policy on Student Social Transitioning

In Mead v. Rockford Public School District, (WD MI, Aug. 7, 2026), a Michigan federal district court granted a motion for reconsideration of its earlier decision which held that parents' free exercise rights are not violated by a school's policy that encourages teachers and staff to use a student's preferred name and pronouns and does not necessarily require disclosure of this to the student's parents.  The court relied on the Supreme Court's shadow docket opinion in Mirabelli v. Bonta in granting reconsideration. The court said in part:

Like the policies at issue in Mirabelli, the policies here likely created a substantial burden on the Meads’ free-exercise rights.  The Meads share religious beliefs similar to the parents in Mirabelli about the permanency of biological sex and the fixed relationship between sex and gender.  At the time of the alleged violation, the Meads’ child was also around the same age (seventh and eighth grades) as one of the children in Mirabelli (eighth grade).  And like the parents in Mirabelli, the Meads did not have an opportunity to opt their child out of Defendants’ policies.   

Defendants’ policies therefore trigger strict scrutiny.... 

ADF issued a press release announcing the decision.

Cert. Filed by Korean Spa That Only Admits Biological Women

A petition for review (full text) in Olympus Spa v. Armstrong, (Sup. Ct., certiorari filed 8/10/2026), was filed with the Supreme Court yesterday.  In the case, the U.S. 9th Circuit Court of Appeals upheld against 1st Amendment challenges enforcement of Washington state's anti-discrimination law. Defendant is a family-run, Christian, Korean style spa. The spa admits only "biological women", including transgender women who have received gender confirmation surgery, but excludes transgender women who have not completed that surgery. ADF issued a press release announcing the filing of the certiorari petition.

Monday, August 10, 2026

6th Circuit: Inmate's Requests to Observe Ramadan Fast Did Not Meet Requirements of Prison Rules

In Perry v. Curtis, (6th Cir., Aug. 5, 2026), the U.S. 6th Circuit Court of Appeals affirmed the dismissal of a RLUIPA claim by a Michigan inmate who was denied arrangements for a religious fast for the last 10 days of Ramadan. The court said in part:

From 2016 until the end of March 2022, Perry's religious designation was listed as "Nation of Islam," which is one of three religious groups that MDOC has approved to participate in a Ramadan fast. On March 29, 2022, Perry changed his religious designation to "Melanic Islamic Faith," which is not on the list of approved religious groups and instead is considered by MDOC to be a "Security Threat Group."... 

... Perry argues that he followed the prison's policy to enable him to fast for Ramadan. That policy required a prisoner "who wants to observe a religious fast or feast [and who] has not already been approved" for one to "submit a written request to do so to the Warden or designee that shall include information"—i.e., "supporting documents"—"regarding the religion's beliefs and practices."...

The defendants met their burden of showing that Perry did not properly request a religious fast in accordance with the policy. Specifically, they presented evidence showing that, although Perry sent three separate kites concerning his desire to fast during Ramadan in 2022, none of those kites qualified as a proper request under the policy. The first kite was not a proper request for an unapproved fast because, at that time, Perry's religious designation was "Nation of Islam," a designation the MDOC had approved for participation in a Ramadan fast; thus, no additional approval was needed.... The second and third kites were not proper requests because Perry merely declared that he was "required to fast the last ten days during the Arabic month of Ramadan," and did not formally request approval to fast.,,,, Nor did the kites provide the required "supporting documents" about Perry's newly proclaimed "Melanic Islamic Declaration of Faith.....

Recent Articles of Interest

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Friday, August 07, 2026

Sex Abuse Claimants May Sue to Access Parish and School Assets in Vermont Diocese Bankruptcy

In In re Roman Catholic Diocese of Burlington Vermont, (Bkrptcy VT, July 28, 2026), a Vermont federal bankruptcy court issued an order allowing the Creditors Committee representing more than 100 sex abuse claimants to sue to attempt to recover assets of 70 Vermont parishes, Parish Trusts, schools and other Catholic-related social and community service organizations. The Committee claims that these organizations are not separate legal entities from the Diocese and that their assets should be available to satisfy creditors' judgments against the Diocese. The litigation authorized by the court will determine whether this claim is valid. The court warned however:

Regardless of its outcome, the proposed litigation will be expensive and time consuming. Unless settled, there may be years of litigation ahead and millions of dollars spent in attorneys’ fees and costs that could have been paid valid abuse claims. 

More clarity about the rights of the parties and what constitutes estate property could help the ongoing efforts to reach a global settlement in this case. For that reason, some litigation is necessary. Its cost may eventually outweigh the benefit if no settlement is reached and as one Court has recognized, “Debtor, the parishes and the abuse victims will be the poorer for it.” 

AP reports on the court's decision. [Thanks to Thomas Rutledge for the lead.]