Tuesday, May 26, 2026

Pope Leo's First Encyclical Addresses Governments as Well as Individuals

 Yesterday, Pope Leo XIV issued his first Encyclical. The 245-paragraph document is titled Magnifica Humanitas; On Safeguarding the Human Person in the Time of Artificial Intelligence (full text). The broad-ranging document includes a number of appeals to governmental actors. Here are some of those portions of the document:

5. It now falls to us to face the challenges of our time with clarity of thought and responsibility. It is necessary to establish adequate regulatory tools capable of upholding justice and curbing the distorting effects of technological power.... Today, however, the main drivers of development are private, often transnational, parties that are endowed with resources and the capacity to intervene that surpass those of many Governments. Technological power thus takes on an unprecedented, predominantly “private” aspect, which makes it even more challenging to discern, govern and direct such power toward the common good....

80.... The spread of global networks, platforms and artificial intelligence systems is changing the way we obtain information, communicate and access services. Justice demands that we prevent the emergence of new forms of exclusion and deprivation of freedoms: individuals and peoples hindered or denied access to basic technologies, communities exposed to invasive surveillance and social groups penalized by opaque algorithms that perpetuate prejudice and discrimination. In the digital age, a just social order guarantees everyone equal access to opportunities, protects the youngest and weakest members of society, combats hate and misinformation and subjects the use of data and technology to public oversight, so that the guiding principle is not solely profit but the dignity of every person and the common good of all people.

81. A litmus test for social justice today is the treatment of migrants, refugees and those forced to move due to poverty, violence, climate change and environmental disasters. The way a society treats them reveals whether its sense of justice is driven by fear or by the spirit of fraternity....

103. Indeed, entrusting an algorithm in practice with the power to select who is worthy or not, without anyone bearing responsibility for that judgment, is to hand over the task of redefining the boundaries of human possibilities. In this process, political responsibility is also lost, not just empathy toward those excluded, which can, after all, be simulated. The exclusion of the vulnerable becomes cloaked in a veneer of neutrality and objectivity, against which it becomes difficult to raise objections. In this way, injustice goes unnoticed, and compassion, mercy and forgiveness — understood not as mere appearances but as real political actions — gradually disappear from view....

143. School is the place where new generations can learn to seek and love the truth, to reflect on the meaning of life and to recognize the dignity of every person....

144. ... Both within individual nations and across different regions of the world, significant inequalities persist concerning access to basic education and higher studies. In many nations, Governments have not yet invested the necessary resources for guaranteeing a quality education for all, whether by adequately supporting the public school system or by assisting private institutions that offer this essential service. When a substantial portion of education, at various levels, is entrusted to private institutions, access to schooling may become overly dependent on families’ financial means, especially in the absence of adequate public support. In the face of this risk, it is nevertheless important to acknowledge and encourage the contribution of the many private Catholic educational institutions which ensure inclusive access for children and young people of every background, even when families’ economic circumstances would not otherwise allow it....

162. Just laws and methods of redistribution are certainly necessary for correcting imbalances, including tax systems that lighten the burden on the weakest and ask for more from those with greater resources. However, the pursuit of social justice should not be considered a separate issue that follows only after the production of wealth, as if the economy existed solely to create wealth, with politicians only intervening afterwards in order to distribute it. Indeed, justice concerns every phase of economic activity, from resource acquisition to financing, and from production to consumption; every choice has moral consequences....

201.... The institutions established to safeguard the concept of a common future for all peoples and a global common good appear to have been weakened. This is due not only to structural limitations, but also to a frequent lack of shared will to support and reform them, or to recognize their moral authority. Instead of making progress, we are regressing from the significant turning point of the twentieth century. After 1989, the collapse of communist regimes in Europe was followed by a predominantly economic globalization, which lacked an adequate political framework capable of sustaining dialogue and peace. An almost blind faith was placed in the ability of the markets to generate prosperity, democracy and stability. In reality, rather than automatically generating unity and peace, globalization has provoked fundamentalist, identity-based and nationalistic reactions....

Vatican News has published a summary of the full Encyclical.

Tennessee Enacts Women's Safety and Protection Act

On May 22, Tennessee Governor Bill Lee signed SB0468, the Women's Safety and Protection Act (full text). The new law defines the terms "male" and "female" for purposes of any state law or administrative rule in terms of a person's biological reproductive system. It defines the term "sex" as an individual's biological sex as observed or clinically verified at birth. The law goes on to require public schools, domestic violence shelters, correctional facilities and juvenile detention facilities to designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use of either females, males, or members of the same family. With limited exceptions, it prohibits individuals from entering facilities designated for the opposite sex. ADF issued a press release announcing the governor's signing of the bill.

Monday, May 25, 2026

President Issues Message on Pentecost

 Yesterday, the White House posted a "Presidential Message on Pentecost" (full text). It reads in part:

Melania and I join many Christians throughout our Nation and around the world who are joyfully celebrating the miracle of Pentecost today and the birth of Christ’s Church.

Fifty days after the glorious Resurrection of our Lord and Savior Jesus Christ on Easter Sunday, the Bible tells us that the Holy Spirit descended upon the Apostles in Jerusalem in tongues of fire, triumphantly fulfilling Christ’s promise and giving them the courage and divine authority to proclaim the message of God to every nation and people....

On this holy day, we proclaim our faith in Jesus Christ, our hope in His saving power, and our enduring commitment to pursuing His will as one Nation under God.  As we celebrate 250 years of American Independence this year, we pray that the Holy Spirit continues to inspire our hearts, strengthen our resolve, and guide our Nation with wisdom, courage, and hope for years to come.

President's Memorial Day Proclamation

President Trump last week issued a Proclamation (full text) declaring today as Memorial Day, saying in part:

... All Americans inherit the glorious gift of liberty that has been purchased with the spilled blood of brave warriors and the tears and heartache of those they left behind.  It is fitting and necessary for our Nation to pause for an annual reminder of the enduring and perilously high cost of freedom, but the immeasurable gravity of what has been sacrificed for the greater good deserves our eternal reverence and unwavering gratitude every day. 

On this solemn day, the First Lady and I ask you to join us in prayer for lasting peace in this volatile world, for the protection of those in harm’s way, and for the grace of Almighty God to comfort all who grieve.   

In honor of all of our fallen heroes, the Congress, by a joint resolution approved May 11, 1950 ... (36 U.S.C. 116), has requested the President issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people might unite in prayer. The Congress, by Public Law 106–579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance.

NOW, THEREFORE, I ... do hereby proclaim Memorial Day, May 25, 2026, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time when people might unite in prayer. I ask all Americans to observe the National Moment of Remembrance beginning at 3:00 p.m. local time on Memorial Day...

Challenge To Tennessee's Requirement That Charter Schools Be Non-Sectarian Moves Ahead

Wilberforce Academy of Knoxville v. Knox County Board of Education, (ED TN, May 22, 2026), is the latest court challenge to state laws that require publicly funded charter schools to be nonsectarian and nonreligious. Plaintiff seeks to open a Christian charter school. However, its letter of intent submitted to the Knox County Board of Education was rejected because the school could not affirm that it was not a "religious or church school". Wilberforce did not proceed to the next step of submitting an application because the application required a similar representation. Instead, it filed suit in federal district court contending that the nonsectarian requirement violates the Free Exercise clause of the 1st Amendment. The defendants moved to dismiss on standing and mootness grounds because Wilberforce had never filed an application to create the school. The court refused to dismiss, saying in part:

... Wilberforce was effectively presented with only two options: either falsely disclaim its religious status or continue submitting materials that KCBOE had already indicated would be deemed incomplete. Under these circumstances, requiring Wilberforce to proceed further in the application process would elevate form over substance....

... Although it is true that KCBOE may lack discretion to approve a religious charter school, it still may be held responsible for an alleged unconstitutional law it enforces....

Wilberforce has demonstrated a concrete interest in being able to apply and to compete on equal footing with secular organizations to become a charter school in Tennessee. Although it is true that it may not be able to open a charter school during the 2027-2028 school year, Wilberforce has alleged and shown that it is “able and ready” to apply to for charter-school status “for the earliest school year it could open.”...

Accordingly, Wilberforce’s claim presents a live case or controversy that is not moot.

Sunday, May 24, 2026

New York City Moves to Protect Residents From Hajj and Umrah Related Fraud

On May 20, New York City Council passed legislation designed to help New Yorkers recognize fraudulent Hajj and Umrah-related promotions. The new city ordinance, New York City Administrative Code § 20-706.7, requires the commissioner of consumer and worker protection to create an outreach and education program on recognizing and reporting fraudulent visa, transportation, accommodation, and catering services marketed in connection with Hajj and Umrah. The commissioner is also to develop material on best practices for researching, booking and record-keeping for services connected with participating in Hajj and Umrah. These are to include information on use of Saudi Arabia’s official platform, Nusuk Hajj. New York City issued a press release announcing the passage of the Ordinance and outlining the need for it.

Thursday, May 21, 2026

Ministerial Exception Is No Defense to Child Labor Trafficking Claims

In Zan Sun v. Shen Yun Performing Arts, Inc., (SD NY, May 18, 2026), a New York federal district court held that the ministerial exception doctrine is not a basis for dismissing claims by two Falun Gong practitioners who allege that they were held in forced child labor by a classical Chinese dance and musical company based in New York. Plaintiffs allege that their treatment violated the Trafficking Victims Protection Reauthorization Act. The court said in part:

... Defendants argue that because Falun Gong is a “religion,” Dragon Springs is a “church,” Shen Yun is Falun Gong’s “evangelistic ministry,” and Plaintiffs were its “ministers” who used “performance art to share religious principles and the prospect of salvation with the world,” the ministerial exception bars all of Plaintiffs’ claims.... Plaintiffs counter that none of the Defendants are religious institutions and that Falun Gong is not a religion.... The Court, however, need not decide this dispute—even if it could on a motion to dismiss....

The ministerial exception “does not mean that religious institutions enjoy a general immunity from secular laws,”... Instead, the exception is limited: It “protect[s]” religious institutions’ “autonomy with respect to internal management decisions that are essential to [their] central mission.” ...  A “church’s independence on matters ‘of faith and doctrine’ requires the authority to select, supervise, and if necessary, remove a minister without interference by secular authorities”.... 

Plaintiffs’ allegations of abuse, forced labor, and human trafficking do not implicate “matters of faith and doctrine” or “matters of internal government.” Plaintiffs claim they were subject to grueling training and work schedules with little pay, denied medical care when injured, prevented from leaving Dragon Springs, and subjected to other forms of psychological abuse that began when they were children. Accepting these allegations as true ... Defendants still retain the authority and independence to “select, supervise, and . . . remove [their] minister[s].” ... Matters of “faith,” religious “doctrine,” and ecclesiastical “government” have no bearing on alleged abuse, control, and confinement in between employment decisions....

... Defendants ... claim that, at most, what Plaintiffs allege they experienced is what one might expect at an elite dance academy or a boarding school.... [T]o the extent Defendants intend to prove that Plaintiffs were treated in the way they characterize, the resolution of this factual dispute does not implicate matters of faith and doctrine. It does not require interference with Defendants’ internal governance or even their right to choose ministers....

Suit In Utah Challenges IVF Disposal of Non-Implanted Embryos

Suit was filed late last month in a Utah state trial court against seven fertility clinics challenging the methods they use in IVF procedures. The complaint (full text) in Voice for the Voiceless v. Conceptions Fertility Center, (UT Dist. Ct., filed 4/30/2026), focuses on clinics' practice of discarding embryos that are not implanted, saying in part:

The result is that thousands of embryos-- live human beings-- are killed prior to birth by Defendants.... Defendants could practice IVF in a legal manner that would preserve life and only fertilize eggs that will be implanted into their clients, but they refuse to do so out of convenience and financial gain.

The Complaint's Introduction alleges in part:

The Utah Constitution guarantees the rights of all people to "enjoy and defend their lives and liberties."... However, an entire class of people has been deprived of their right to life and liberty because they cannot defend themselves. This class of people are the unborn minor children whose lives are terminated in violation of Utah law, as a direct result of Defendants' standard practice of how they conduct in-vitro fertilization (IVF).

The Complaint alleges causes of action for intentional infliction of emotional distress, public nuisance, wrongful death, and medical malpractice. Stateline reports on the lawsuit.

Limited Discovery Allowed to Determine If Case Turns on a Religious Question

In Gaskins v. McLean Bible Church, (VA Ct. App., May 19, 2026), a Virginia state appellate court allowed dissident members of a non-denominational congregational church to engage in limited discovery in connection with their challenge to the election of the church's Board of Elders. The Church's constitution provides that members who have not attended church services for eight consecutive weeks “without reasonable excuse” become inactive members who may not vote or hold office in the church. Plaintiffs claim that the Board designated a number of members as "inactive" on an arbitrary basis. The court remanded the case for the trial court to first determine whether disclosure of information sought by plaintiffs would violate association rights of church members, officers or employees. If it would not, the appellate court held that limited discovery on reclassification of members may proceed, saying in part:

The number eight is neutral.  That is the number of consecutive weeks of worship services a member must miss before the Board may deem them inactive.  If a member who has not missed eight consecutive weeks is declared inactive, the Board has violated the MBC constitution.  And that is exactly what the dissenters allege happened here.  This Court, and all other courts in Virginia, are surely able to count to eight without entering a “religious thicket.”... 

MBC counters that the eight-weeks inquiry is not, in fact, neutral because the eight weeks must be missed “without reasonable excuse.”  It argues that what constitutes a reasonable excuse is a purely ecclesiastical question, and thus one outside this Court’s bailiwick (and its jurisdiction).  It may be, of course, that the documents the dissenters seek in discovery reflect that all disenfranchised members missed eight consecutive weeks of worship services and that the Board determined that they did so “without reasonable excuse.”  In that case, this dispute would be at an end; no secular court could second-guess the Board’s earnest opinion as to what constitutes a reasonable excuse.  But until that happens, our courts retain jurisdiction.  And it may also develop that no “reasonable excuses” were sought or tendered and that certain members of the congregation were simply trimmed from the voting lists to influence the outcome of elections.  In sum, an assertion that a dispute might involve a purely religious question is quite different from an assertion that the dispute will turn on such a question.  The latter is a good reason to apply the ecclesiastical abstention doctrine and short-circuit the litigation; the former is not....

We ... find nothing objectionable about allowing limited discovery to determine whether the ecclesiastical abstention doctrine applies....

In ruling against MBC on this point, we embrace the perhaps subtle—but meaningful— distinction between a religious institution being “above the law” and being subject to the law while still wielding significant privileges and protections....

Christian Post reports on the decision.

Washington Foster Care Licensing Agency Modifies Rules in Settlement of Litigation

 As previously reported, in DeGross v. Hunter, (WD WA, April 22, 2026), a Washington federal district court refused to dismiss free speech and free exercise claims against the Washington Department of Children, Youth and Families (DCYF) brought by a Christian couple who objected to the Department's policy on sexual orientation and gender identity. The state has required prospective foster parents to agree to support a foster child's sexual orientation, gender identity and expression (SOGIE), including using their preferred pronouns and chosen name. The parties have now agreed to a settlement in the case and the Washington federal district court yesterday issued a permanent injunction reflecting the parties' agreement. 

The injunction in the case, now captioned DeGross v. Senn, (WD WA, May 20, 2026), bars DCYF from denying or imposing conditions on a foster family home license solely because of a family's religious beliefs, including speech and actions pertaining to marriage, gender, or sexual relationships. Instead DCYF will amend it rules to require foster parents to either connect, or allow DCYF to connect, their foster child to resources and supports relating to their race, religion, culture, sexual orientation, gender identity and expression, developmental capabilities, tribal affiliations, heightened medical needs, behavioral needs, and any other aspect of the child’s individual identity.

The injunction goes on to provide in part:

3. DCYF is prohibited from requiring foster parents to agree to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression inconsistent with their sincerely held religious beliefs as a condition of licensure....

6. During the licensing process, DCYF shall be permitted to inquire about an applicant’s views regarding SOGIE. This line of inquiry shall be no different from other information gathering concerning the variety of identities of prospective children in care. 

7. Nothing in this Order prohibits DCYF or a child-placing agency from inquiring about a child’s SOGIE before placement, just as it does for all children for all components of their individual characteristics, including identities. 

8. ... Nothing in this order prohibits DCYF from deciding a child’s placements based on its individualized consideration of the child’s needs and of a foster parent’s concerns or limitations (including where religiously motivated) on their ability or willingness to meet the child’s specific needs, including with regard to their SOGIE....

ADF issued a press release announcing the settlement. 

Wednesday, May 20, 2026

Kars4Kids Violated False Advertising and Unfair Competition Laws by Not Disclosing Its Religious Ties

In Puterbaugh v. Kars4Kids, LLC, (CA Super. Ct., May 8, 2026), a California state trial court held that Kars4Kids violated California's Unfair Competition Law and its False Advertising Law through "inherently deceptive" omissions in its ads. The organization runs short repetitive television and radio ads featuring young children playing musical instruments and asking for donations of used cars. The ads make no mention of the actual recipients of funds from the organization or of the organization's religious affiliation. The organization's website says: "Because kids are our future. Learn how you can make a difference in the life of a child." The broadcast ads do not make this statement.

The primary function of Kars4Kids is to fund Oorah, an organization that operates Jewish heritage and summer camps in New York and New Jersey. Oorah also funds matchmaking programs for young adults and gap- year trips to Israel for 17- and 18-year-olds. The court said in part:

2. The Court finds that the First Amendment does not shield the Defendant. While charities have free speech rights, the government may regulate misleading commercial speech. Fraudulent omissions in an inducement to donate property are not protected by “free expression.”...

6. The name “Kars4Kids,” the 8-10-year-old actors in the advertisement, and the repetitive jingle all serve to reinforce the belief that donations are used exclusively for the benefit of children. 

7. Under cross-examination, the COO, Esti Landau, admitted that the organization’s primary purpose is to help “Jewish kids and families throughout their lives.”...

The Court finds that the Defendant disseminated public statements concerning... vehicle donations that were misleading by omission. Under the statutory “knew or should have known” standard, the Defendant is charged with the knowledge that California donors would reasonably assume their contributions benefit a general class of children, including those within their own state. The Court finds that the Defendant’s stated intent to make the advertisement “memorable” through extreme repetition, while simultaneously stripping it of all substantive facts, constitutes an actionable strategy of deception....

The Court finds the Kars4Kids “jingle” creates a false sense of a universal, secular, and local charity. The “Kars4Kids” name, when coupled with an advertisement that “does not mention anything” about its specific mission ... is likely to deceive the public. It improperly narrows the perceived beneficiary class to “kids” to elicit emotional and financial responses, while diverting funds to a much broader religious and familial social-service network....

The court ordered Kars4Kids to end all non-compliant broadcasting in California within 30 days. Inside Radio reports on the decision.

California Court Hears Arguments in Defamation Suit Against Jews for Jesus

On May 15, the California state Court of Appeals, First Appellate District heard oral arguments in Amitay v. Jews for Jesus (video of full oral arguments). Liberty Counsel, which represents Jews for Jesus, describes the case:

Following the attacks on October 7, 2023, Jews for Jesus distributed Bibles to Israeli soldiers to provide comfort and support. On its Facebook page, Jews for Jesus used a stock photo of an Israeli soldier from a popular website that provides millions of stock photographs under a worldwide copyright license to download, modify, and use for free. Jews for Jesus blurred the face, never used Amitay’s name, and even used the pseudonymous name “Nachman” in the photo’s caption. Jews for Jesus had no prior knowledge of Amitay.

Amitay now says that person in the blurred photo was him, although he has presented no proof of where he saw the photo. Despite the blurred face and never being named, Amitay maintains that the photo created such a false impression of him that it caused his employer to terminate him from his “dream” teaching job.

Liberty Counsel argues in its reply brief that holding Jews for Jesus liable for a religious community’s misunderstanding of the facts, and for its “overreaction” and “theological hostility” to a Christian ministry would be an improper remedy for a “regrettable” situation. 

 Amitay filed the lawsuit on Christmas Eve 2024 seeking no less than $5 million in punitive damages.... 

At issue in this appeal is whether the case should be dismissed under California's anti-SLAPP law. The trial court refused to dismiss plaintiff's defamation, false light, and negligent infliction of emotional distress claims. (Trial Court's June 23, 2025 Order [scroll to Exhibit A]).

Tuesday, May 19, 2026

HHS Reorganizes Civil Rights Office to Emphasize Religious Liberty, Conscience Protections and Racial Discrimination

The Department of Health and Human Services yesterday announced a restructuring of its Office of Civil Rights into three subject-matter Divisions: the Conscience and Religious Freedom Division, the Civil Rights Division, and the Health Information Privacy, Data, and Cybersecurity Division. The press release announcing the reorganization said in part:

... “This reorganization reinstitutes a structure that rightly prioritizes civil rights and conscience and religious freedom alongside health information privacy and security”...

The new structure will improve OCR’s effectiveness and efficiency to advance the protection of conscience rights, address race-based discrimination in a color-blind manner, eradicate antisemitism and anti-Christian bias, and restore biological truth....

 More information about the reorganization will be published through a Federal Register notice next month....

Bloomberg Law reports on the reorganization. 

Germany Ends 30 Years of Surveillance of Church of Scientology

As reported by Bitter Winter and by a press release from the Church of Scientology, Germany's Office for the Protection of the Constitution has quietly ended its 30-year surveillance of Scientology.  According to Bitter Winter:

The official reason is that the agency needs to focus its efforts on more pressing issues: violent extremism, Russian spying, cyberattacks, and terrorism. All these threats are, to say the least, more credible dangers to public order than the notion of Scientologists in Munich plotting a coup. However, the timing also indicates a realization that surveillance had become a costly routine without a clear purpose.

The roots of this monitoring date back to the 1990s, a time when Germany was still adjusting to reunification and the political elite was particularly receptive to alarming stories about “cults.” Scientology became an easy target. The movement faced accusations of having “anti-constitutional aims,” a phrase in Germany that carries significant weight in national security cases. Yet, the evidence never materialized. What followed were years of observation, reports, and legal battles—none of which resulted in a single validated finding of anti-constitutional actions....

Adversarial Questioning of Employees Claiming Religious Accommodations Violated Title VII

In Matilde M. v. Burgum, (EEOC Federal Sector, May 15, 2026), the EEOC in an appeal from a finding by the Bureau of Indian Education, held that the Bureau had engaged in religious discrimination when it denied religious accommodations to three employees who refused on religious grounds to comply with the agency's Covid vaccine mandate. The employees cited their religious belief in the sacredness of human life and their religious practice of rejecting substances developed using human fetal cells obtained through abortion.

The EEOC said in part:

After careful review, we conclude that testing and masking were a possible alternative reasonable accommodation for Complainants. And we find the Agency has not met its burden to establish by preponderant evidence that testing and masking would have imposed an undue hardship on its operations. Moreover, we find the Agency acted discriminatorily when it subjected Complainants to an unduly adversarial accommodation process....

At the barest minimum, a process to handle religious accommodation requests needs to provide employees with a non-adversarial forum.... The process the Agency imposed was adversarial to the point that we can persuasively infer an underlying discriminatory, even disdainful, motive. The Agency singled out employees with religious objections related to the use of human fetal cells for particularly disfavored treatment. They were summoned to an inquisitorial panel to be quizzed and lectured on their medical history and knowledge of other medicines derived from human fetal cells. We are persuaded that the crucible of invasive gotcha-style questioning was a thinly veiled, and discriminatory, attempt to expose supposed hypocrisy and convince Complainants to recant their objections.... 

This is not to say that an employee’s asserted religious views evade all scrutiny. Measured, non-adversarial inquiry may be appropriate to help the employer fully understand the contours and sincerity of the employee’s religious beliefs and practices. But ...the Agency’s inquiry as an employer is ... limited to whether the purported religious conflict “reflects an honest conviction.”... [T]he “veracity [i.e., the correctness] of [the employee’s] religious belief” does not meaningfully bear on the honesty of the conviction....

The EEOC issued a press release announcing the decision.

Monday, May 18, 2026

Certiorari Denied In Christian Day Care's Challenge to California's Licensing Requirements

The U.S. Supreme Court today denied review in Foothills Ministries v. Johnson, (Docket No. 25-802, certiorari denied 5/18/2026) (Order List). In the case, the 9th Circuit Court of Appeals held that a Christian day care center lacks standing to bring a free exercise challenge a California requirement that day care centers ensure that children are free to attend religious activities of their parents' choice. The 9th Circuit held, however, that the day care center does have standing to challenge the state's general licensing requirement and to challenge on free speech grounds required disclosures to parents of the right for their child to attend religious activities of their choice. On the merits, though, the 9th Circuit held that neither of these requirements infringe the day care's 1st Amendment rights. (See prior posting.)

"Rededicate 250" Held on National Mall Yesterday

Crowds of people gathered yesterday on the National Mall in Washington, D.C. for Rededicate 250: A National Jubilee of Prayer, Praise & ThanksgivingThe organizers, Freedom 250, are described by NPR as "a public-private group working with the White House."  A video of the full 8 hours and 45 minutes of the program is available here on YouTube. Speakers included public officials, clergy and authors. (List of speakers.) According to CNN:

Freedom 250, a nonprofit subsidiary of the National Park Foundation, which functions as the National Park Service’s fundraising arm, organized the event....

While organizers invited Americans of every background to attend the event, the long list of faith leaders who attended consisted largely of evangelical Christians — except for one Orthodox rabbi and two conservative Catholic bishops. Brittany Baldwin, White House senior policy adviser and executive of the White House Task Force America 250, described a focus on “our heritage as a Judeo-Christian” nation....

 Experts CNN spoke with were split on whether the event was constitutional....

NPR pointed out:

President Trump, who was golfing on Sunday afternoon, did not attend the event. Trump delivered a video message reading the Biblical scripture 2 Chronicles 7:11-22, which details God's response to King Solomon after he completed the temple in Jerusalem.

Trump administration officials including Defense Secretary Pete Hegseth and Secretary of State Marco Rubio also spoke in video messages....

South Carolina Enacts Student Physical Privacy Act

Last Friday, South Carolina Governor Henry McMaster signed into law H4756, the South Carolina Student Physical Privacy Act (full text). The new law (with narrow exceptions) requires public schools and public colleges and universities to designate multi-occupancy restrooms and changing facilities for use only by members of one sex at a time. "Sex" is defined as "a person's biological sex, either male or female, as observed or clinically verified at birth." The new law also requires all public schools and public colleges and universities to "provide for a single-user restroom and changing facility" or an accommodation by allowing temporary exclusive use of a multi-occupancy rest room.

The new law also provides that during any activity or event sponsored by a public school or college, no student shall be required to share sleeping quarters with a member of the opposite sex. Colleges that provide student housing must provide students the option to be housed only with persons of the same sex.

Recent Articles of Interest

From SSRN:

From SSRN (Abortion Rights):

From SSRN (Islamic Law):

From SmartCILP and elsewhere: