Court Rejects Claim That Church Board Improperly Appointed Interim Pastor

In Leggett v. Moore, 2018 IL App (1st) 171101-U (IL App., Aug. 28, 2018), an Illinois appellate court held that the First Amendment does not prevent a court from deciding whether a church has violated it own bylaws when that does not raise issues of church doctrine. Plaintiffs alleged that True Zion church formed a new board of directors without complying with church bylaws, and improperly selected a new interim pastor. They contend that the church overseer was the person entitled to appoint an interim pastor, even though there is no mention of this in the bylaws. The court dismissed their claim, holding that "the duly elected board of directors affirmed the church bylaws and ratified the actions of the interim pastor during meetings at which plaintiffs attended but abstained from voting...."

Defamation Suit Dismissed Under Ecclesiastical Abstention Doctrine

In Orr v. Fourth Episcopal District African Methodist Episcopal Church, (IL App., Aug. 14, 2018), an Illinois state appellate court dismissed on ecclesiastical abstention grounds a defamation lawsuit brought by Rev. Charles Orr, the chairperson of a committee responsible for screening candidates for admission to the ministry within the AME Church. A woman whose application for the ministry was deferred charged Orr with sexual harassment. The charge was shared with others in the church hierarchy.  The court said in part:

Plaintiff failed to present evidence that defendants published Tamara’s statements to anyone outside of the internal disciplinary procedures of the AME Church. The statements made pursuant to the internal disciplinary procedures come within the ecclesiastic abstention doctrine and, accordingly, are protected by the first amendment.

WGLT News reports on the decision.

"Ministerial Exception" Applies To Church Organist

In Sterlinski v. Catholic Bishop of Chicago, (ND IL, July 23, 2018), An Illinois federal district court held that the ministerial exception doctrine applies to an organist at a Catholic parish.  Plaintiff claims he was demoted from Director of Music to Organist because he is Polish and because of his age. The court previously held that the Director of Music position was within the ministerial exception doctrine.  It now rejected plaintiff's claim that his position no longer qualified as "ministerial" after his demotion. In the court's view:

the key dispute is the importance of music—and, more specifically, the importance of instrumentalists—to Catholic Worship at Mass.

The court went on to say:

the Catholic Bishop argues that the evidence indisputably proves that playing the organ in support of the Church’s religious services still qualifies as performing a ministerial function....

Based on the record evidence, the Court must agree. To start, there is only so much that a federal court may do in questioning a church’s view of its own religious doctrine. It is true that, although “a secular court may not take sides on issues of religious doctrine, it must be allowed to decide whether a party is correct in arguing that there is an authoritative church ruling on an issue, a ruling that removes the issue from the jurisdiction of that court.”... But “once the court has satisfied itself that the authorized religious body has resolved the issue, the court may not question the resolution.”

Cook County Record reports on the decision.

Christian After-School Program Is Exempt From Illinois Unemployment Taxes

In By the Hand Club for Kids, NFP, Inc. v. Illinois Department of Employment Security, (IL Cir. Ct., July 18, 2018), an Illinois state trial court held that an evangelical after-school program for impoverished Chicago school children is exempt from the requirement to pay unemployment taxes to cover its employees.  The  court held that the group falls under the exemption for organizations operated primarily for religious purposes. The state argued that the organization is merely an after-school program that primarily furnishes homework help, tutoring, hot meals and medical attention.  The court however emphasized that the group sees these charitable acts a a religious practice, and also that the organization proselytizes the children participating in their program.  ADF issued a press release announcing the decision.

Court Allows Archbishop Sheen's Remains To Be Moved To Illinois

A New York trial court yesterday ruled in a rather bitter dispute that the remains of the late Archbishop Fulton J. Sheen should be moved from a crypt in  New York's St. Patrick's Cathedral to a Cathedral in Peoria, Illinois, where he was ordained as a priest. (See prior related posting.) In Cunningham v. Trustees of St. Patrick's Cathedral, (NY Cty., June 8, 2018), the court (on remand from the Appellate Division) relied on the belief of Sheen's niece that the move is the only way to advance the Cause for Sheen being declared a saint.  Peoria's Bishop Daniel Jenky was the Promoter for the Cause of Sainthood for Sheen, but refused to continue his advocacy until Sheen's remains are moved.  The New York Archdiocese is not interested in promoting the sainthood Cause.  The court concluded:

The evidentiary hearing revealed that the location of Archbishop Sheen's final resting place would not have been his primary concern; his focus was on souls rather than the location of earthly remains. ...[B]ecoming a saint would allow Archbishop Sheen to accomplish his highest calling-- to reach as many believers as possible and to intercede on their behalf.

The Diocese of Peoria issued a press release reacting to the decision.  WJBC and Church Militant both reported on the decision.

New Hearing Ordered On Moving Bishop Fulton J. Sheen's Remains

In a 3-2 decision in Matter of Cunningham v Trustees of St. Patrick's Cathedral, (NY App., Feb. 6, 2018), New York state's Appellate Division sent back to the trial court for further proceedings the dispute over whether the body of Archbishop Fulton J. Sheen, who died in 1979, should be moved from New York City to Illinois.  Sheen was buried in St. Patrick's Cathedral. However Sheen's niece has now petitioned the court to have Sheen's remains moved to Peoria, Illinois where Sheen's family resides and where a shrine to him is being built in anticipation of Sheen's Beatification by The Vatican. (See prior posting.)  The trial court concluded (full text of opinion) that no factual disputes existed, and granted the request to allow removal of Sheen's remains. However, on appeal the majority held that the trial court must hold a hearing to determine Sheen's wishes as to his place of burial, in light of conflicting evidence on the issue. New York Times reports on the decision.

KFC Franchisee Loses Right To Advertise Halal Chicken

In Lokhandwala v. KFC Corporation, (ND IL, Jan. 23, 2018), an Illinois federal district court strictly enforced the provisions of a franchise agreement and upheld KFC's policy of barring a franchisee from advertising that it sells Halal chicken. While KFC allowed the marketing of Halal chicken by plaintiff for 14 years, in 2016 or 2017 it revoked consent based on a 2009 company policy prohibiting franchisees from making religious dietary claims.  The policy was based on concerns about varying religious standards and compliance difficulties.  Courthouse News Service reports on the decision.

Suit Contends Ministerial Exception Does Not Bar Hostile Work Environment Claims

Yesterday's Cook County Record reports on a hostile work environment lawsuit filed in federal court in Chicago by Sandor Demkovich, former organist and music director of St. Andrew the Apostle Church in Calumet City, Illinois.  Demkovich was fired several days after he entered a same-sex marriage. His earlier lawsuit charging employment discrimination was dismissed on "ministerial exception" grounds.  The new lawsuit argues that the ministerial exception doctrine does not apply to hostile work environment claims.

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. 

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 Challenges Illinois Law Allowing Public Funds to Be Used To Cover Abortions

Last week, various Illinois right-to-life groups and several Illinois legislators filed a taxpayer lawsuit in state court challenging House Bill 40 which is scheduled to go into effect on January 1. The bill eliminates the prior ban on coverage for abortions by the state employees' insurance program and by the state's Medicaid program.  The law also eliminates a prior provision in state law that declared that an unborn child is a human being from the time of conception.  The complaint (full text) in Springfield Right to Life v. Norwood, (IL Cir. Ct., filed 11/30/2017) contends that funds cannot be expended on abortions because no appropriation has been made, and challenges the effective date of the law.  Thomas More Society issued a press release announcing the filing of the lawsuit.

Church Loses RLUIPA Equal Terms Challenge To Parking Requirements

In Immanuel Baptist Church v. City of Chicago, (ND IL, Sept. 22, 2017), an Illinois federal district court dismissed a church's facial RLUIPA "equal terms" challenge, as well as its equal protection challenge to the city's parking requirement for "religious assemblies." The court concluded that churches are not similarly situated to libraries for which less stringent parking standards are imposed. The court however granted the church leave to file an amended complaint asserting an "as applied" RLUIPA challenge.

New Illinois Law Creates Scholarship Tax Credit Program That Includes Religious Schools

As reported by DNA Info,  yesterday, Illinois Gov. Bruce Rauner signed SB 1947 (full text), a law overhauling education funding in the state. The bill includes provisions for up to $75 million in tax credits for a Scholarship Tax Credit Program described by America magazine:

The program works by giving individuals or corporations who donate to scholarship-granting organizations a 75 percent tax credit on donations, worth up to $750,000. Under the law, up to $75 million in credits will be granted annually starting next fiscal year. The program will expire after five years unless lawmakers extend it.

Proponents say the program will help to provide scholarships for 6,000 to 10,000 students in religious and other private schools statewide. These scholarships must go to households with an annual income below 300 percent of the federal poverty level, or about $73,000 for a family of four.

[Thanks to Blog From the Capital for the lead.] 

Illinois Creates Muslim American Advisory Council

Last week, Illinois Gov. Bruce Rauner signed the Illinois Muslim American Advisory Council Act (full text).  The law creates a 21-member Council whose purpose is to advise the Governor and state legislature

on policy issues impacting Muslim Americans and immigrants; to advance the role and civic participation of Muslim Americans in this State; to enhance trade and cooperation between Muslim-majority countries and this State; and to build relationships with and disseminate information to, in cooperation with State agencies, boards, and commissions, Muslim American and immigrant communities across this State.

7th Circuit: Illinois May Apply Education Laws To Bible Colleges

In Illinois Bible Colleges Association v. Anderson, (7th Cir., Aug. 29, 2017), the U.S. 7th Circuit Court of Appeals rejected challenges to three Illinois statutes that require all colleges to obtain state approval before they may issue degrees.  Plaintiffs claimed that applying these statutes to Bible Colleges violates their 1st and 14th Amendment rights. The Court disagreed, saying;

[Plaintiffs] first argue the Illinois regulations violate the Establishment Clause by entangling the government with their religious operations. However, the plaintiffs have not sought ... approval from the State under the applicable statutes. Therefore, there is no basis to believe that the regulations would infringe on their religious beliefs or practices or would unnecessarily entangle the government in religion.... Likewise, the plaintiffs’ Free Exercise claim fails because the statutes are neutral laws of general application and apply equally to secular and religious institutions. The plaintiffs’ Equal Protection claim fares no better: While the state statutes exempt older educational institutions..., when no improper discrimination is involved, the government may include a grandfather clause in legislation without violating the guarantee of Equal Protection. Finally, the student-plaintiff alleges a violation of his right to practice a profession of his choice. But the regulations do not impact that choice. Rather, they merely determine whether he may obtain a degree from specific post-secondary institutions.

KFC Franchisee Sues Over Right To Sell Halal Chicken

In Illinois, the owner of eight Chicago-area Kentucky Fried Chicken franchises sued the franchisor, KFC, Inc. in federal court after it attempted to enforce a provision in the franchise agreement that effectively would destroy the ability of the 8 stores to sell halal chicken.  In Lokhandwala v. KFC Corp., (ND IL, filed 7/24/2017), the complaint (full text) alleged that in 2016 the company for the first time claimed that it had a long-standing policy of prohibiting religious claims about Kentucky Fried Chicken products.  The policy was aimed at preventing lawsuits and customer confusion.  The Halal Food Disclosure Requirements of Illinois law require sellers of halal food to post a disclosure statement identifying the distributor and slaughter facility. Plaintiff alleges contract law claims, as well as claims under the Illinois Franchise Disclosure Act, the Illinois Consumer Fraud and Deceptive Trade Practices Act. Courthouse News Service reports on the lawsuit.

City Settles With Muslim Group Over Zoning Denial

Journal Online reported this week that just days after settling with the Department of Justice (see prior posting), the city of  Des Plaines, Illinois entered a settlement agreement with the Society of American Bosnians and Herzegovinians.  The organization sued after it was denied a zoning change that would have allowed it to operate a mosque on property it wished to purchase.  Under the settlement, the city will pay the organization damages of $580,379.

Illinois City Settles DOJ's Suit Over Mosque Rezoning

The Justice Department yesterday announced a Settlement Agreement (full text) with the City of Des Plaines, Illinois, settling a RLUIPA lawsuit brought against the city.  The suit alleged that the city improperly denied a zoning request that would have allowed a Bosnian Muslim religious organization to use property it wished to purchase for religious and educational purposes.  A federal district court ruled against the city in in February in refusing to grant it summary judgment. (See prior posting.) Under the settlement agreement, the city will comply with RLUIPA in the future and will provide training on RLUIPA to its officials and employees. Meanwhile, the Muslim group has acquired an alternative location for its mosque.

Church May Move Ahead With RLUIPA Objections To Denial of Demolition Permit

Village of West Dundee v. First United Methodist Church of West Dundee, (IL App., March 7, 2017), involves a church's attempt to obtain a permit to demolish a building located in the Village's Historic District.  The Church used the building as a parsonage until it fell into disrepair. The Village sought to have the church repair the building instead of demolish it.  The Church, in a counter complaint, alleged that denial of a demolition permit imposed a substantial burden in violation of the Religious Land Use and Institutionalized Persons Act, amounted to unequal treatment under RLUIPA and constituted an inverse condemnation. The appeals court held that the trial court should not have dismissed the Church's counter complaint because it sufficiently stated several claims and was not barred on failure-to-exhaust grounds.

Illinois Conversion Therapy Ban Does Not Apply To Religious Pastoral Counseling

In Pastors Protecting Youth v. Madigan, (ND IL, Feb. 15, 2017), an Illinois federal district court held that Illinois' Youth Mental Health Protection Act restricting conversion therapy does not apply to religious pastoral counseling.  The Act bars mental health providers from offering conversion therapy to minors, and prohibits anyone from deceptively offering conversion therapy in trade or commerce. The court concluded that private religious counseling is not "trade or commerce". The Act was intended to apply only to mental health professionals or to those who deceptively advertise conversion therapy for commercial purposes. Christian News reports on the decision.