Showing posts with label LGBT rights. Show all posts
Showing posts with label LGBT rights. Show all posts

Wednesday, March 13, 2024

Settlement Narrows Interpretation of Florida's "Don't Say Gay" Law

On Monday, a Settlement Agreement (full text) was filed with the U.S. Court of Appeals for the 11th Circuit in Equality Florida v. Florida State Board of Education. In the case, plaintiffs challenged the constitutionality of Florida's Parental Rights in Education Act (sometimes known as the "Don't Say Gay" law). The Settlement Agreement defines narrowly the conduct that is prohibited by the law. According to the Agreement, the law only bans instruction on sexual orientation or gender identity that takes place in the classroom in grades 1-3. It does not ban references by teachers or students that do not amount to "instruction." Library books and extracurricular activities are not impacted by the ban.

In a press release, Florida Governor Ron Desantis' referred to the settlement as 

a major win against the activists who sought to stop Florida’s efforts to keep radical gender and sexual ideology out of the classrooms of public-school children in kindergarten through third grade (5- to 9-year-olds).

Plaintiffs in the case however describe it as a win for them, saying in part:

The agreement effectively nullifies the most dangerous and discriminatory impacts of Florida’s controversial “Don’t Say Gay Law,” and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.

The settlement restores the ability of students, teachers, and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork. It also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send today’s agreement to every school district, and to make clear that the settlement reflects the considered position of the State of Florida on the scope and meaning of this law.

Friday, March 01, 2024

LGBTQ+ Support Group Fights Texas AG's Demand for Information

Suit was filed this week in a Texas state trial court by PFLAG, a national support group for LGBTQ+ individuals and their families, seeking to set aside civil investigative demands from the Texas Attorney General's Office. PFLAG contends that the demands from the AG's Office indicate that the Attorney General is seeking to identify Texas families that are seeking gender-affirming care for their transgender adolescents. The investigative demands were issued under the Texas Deceptive Trade Practices Act.  The petition (full text) in PFLAG, Inc. v. Office of the Attorney General of the State of Texas, (TX Dist. Ct., filed 2/28/2024), alleges in part:

The goal of the OAG in serving these Demands is neither to enforce Texas law, nor to protect Texas consumers under the DTPA. These Demands are a clear and unmistakable overreach by the OAG in retaliation for PFLAG successfully standing up for its members, who include Texas transgender youth and their families, against the OAG’s, the Attorney General’s, and the State of Texas’s relentless campaign to persecute Texas trans youth and their loving parents. While that retaliation is itself a reason to set aside the Demands, PFLAG is entitled to a temporary restraining order and temporary and permanent injunctive relief because the Demands violate PFLAG and its members’ rights to freedom of petition, speech and assembly and to be free from unjustified searches and seizures, are contrary to the OAG’s authority under the DTPA, and impermissibly seek to evade the protections afforded to PFLAG as a civil litigant. 

In 2022, PFLAG successfully obtained temporary injunctive relief shielding its member families from the Texas Department of Family Protective Services’ (“DFPS”) operationalization of Governor Greg Abbott’s directive to investigate families of transgender youth who receive gender-affirming medical care for the treatment of gender dysphoria—a directive based on the Attorney General’s non-binding opinion claiming that necessary, evidence-based gender affirming medical treatment for transgender youth is per se “child abuse” under Texas law....  And in 2023, PFLAG successfully obtained a temporary injunction at the district court enjoining enforcement of Senate Bill 14 ... which seeks to prohibit the provision and state funding of gender-affirming medical care for the treatment of gender dysphoria of transgender adolescents.....

Through the OAG’s own actions, discovery has been stayed in both [cases].... But through these Demands, the OAG seeks to circumvent the normal discovery process along with its attendant protections, and in so doing, seeks to chill the ability of PFLAG and its members to exercise their free speech and associational rights and avail themselves of the courts when their constitutional rights are threatened.

ACLU issued a press release announcing the filing of the lawsuit. AP reports on the lawsuit.

Thursday, November 16, 2023

Court Upholds Oregon's Rules for Approving Adoptive Parents Over Free Exercise and Free Speech Challenges

In Bates v. Pakseresht, (D OR, Nov. 14, 2023), an Oregon federal district court, in a 53-page opinion, rejected plaintiff's challenge to the state's denial of her application to be certified to adopt children through the Oregon Department of Human Services.  Plaintiff was denied certification because, consistent with her Christian religious beliefs, she would not agree to support an adoptive child's sexual orientation, gender identity, or gender expression. Rejecting plaintiff's free exercise claim, the court said in part:

A willingness to take in an LGBTQ+ child, but disavow their identity, cannot by analogy be compared to a business owner's willingness to provide some services, but not others, to LGBTQ+ individuals. To make such a claim demonstrates a lack of understanding of the importance of providing a child with the holistic support and care required to produce well-rounded and confident adults....

The court also rejected plaintiff's free speech claim, saying in part:

[T]he issue in this case is not that plaintiff is seeking to provide religious instruction to her child. She is seeking to provide religious instruction to a child in the care and custody of the state. She does not possess the same rights as a parent in this situation because the state is the de facto parent. Although plaintiff's ultimate goal is adoption, she is seeking a certification that grants her only the opportunity to house and care for a child under the state's umbrella of protection.

Friday, October 06, 2023

Episcopal Priest Sues County Commissioners Over Invocation Policy

Suit was filed this week in a Michigan federal district court by an Episcopal Priest in Grand Haven, Michigan, challenging the manner in which the Ottawa County Board of Commissioners currently selects individuals to deliver invocations at Board meetings. The complaint (full text) in Cramer v. Ottawa County, (WD MI, filed 10/2/2023), alleges that prior to 2023, different Commissioners on a rotating basis selected individuals to offer invocations. However, since January 2023 when Joe Moss became Chairperson of the Commission, only he selects persons to give invocations.  He has selected only male pastors of Christian churches who share his religious beliefs.  Some of the pastors have included in their invocations praise for a far-right political group that Moss founded and leads. Plaintiff is an advocate of LGBTQ rights, while Moss has promoted an anti-LGBTQ agenda. Grand Haven Tribune reports on the lawsuit.

Wednesday, September 13, 2023

Plaintiffs Must Seek Narrower Relief Against Restrictions on LGBTQ Books in Children's Section of Library

In Virden v. Crawford County, Arkansas, (WD AR, Sept. 12, 2023), the court denied plaintiffs' request for a preliminary injunction because the proposed injunction was too broad, but left open the possibility of a narrower injunction later on.  The court described the dispute:

According to Plaintiffs’ amended complaint, in late 2022 or early 2023 the Crawford County Library System implemented a policy under which its library branches must remove from their children’s sections all books containing LGBTQ themes, affix a prominent color label to those books, and place them in a newly-created section called the “social section.” Plaintiffs allege this policy was imposed on the Library System by the Crawford County Quorum Court in response to political pressure from constituents who objected, at least partly on religious grounds, to the presence of these books in the children’s section.

Plaintiffs claimed that this policy violates the Establishment Clause as well as their 1st Amendment free speech right.  The court said in part:

First, with respect to the Establishment Clause claim, it must be noted that—as Defendants acknowledge—there is little useful precedent to guide this Court’s analysis. The United States Supreme Court’s most recent guidance on such claims amounts to little more than the extremely general and abstract direction that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” Kennedy v. Bremerton Sch. Dist..... In the face of this instruction, the County resorts to arguing that book banning and censorship, for reasons both religious and otherwise, have a centuries-long history in America and the broader Western world....

Neither side’s argument regarding the Establishment Clause claim is satisfactory. Plaintiffs’ argument simply sidesteps the “historical practices and understandings” analysis altogether. But the County’s argument, which is essentially that the Establishment Clause does not prohibit state-sponsored religious viewpoint discrimination because state actors have been violating the Free Speech Clause for centuries, seems out of step with the Kennedy Court’s admonition that the First Amendment’s Establishment, Free-Exercise, and Free-Speech Clauses “have complementary purposes, not warring ones where one Clause is always sure to prevail over the others.”.... 

The court found that plaintiffs had alleged sufficient facts to avoid dismissal of their claim that their 1st Amendment right to receive information had been infringed. However, it refused to enter a preliminary injunction requiring the library to return to its prior procedures for classifying and processing books, saying in part:

... Plaintiffs’ proposals would essentially freeze in perpetuity the Library’s method for processing all types of books—not only children’s books relating to LGBTQ topics. The Court does not see any reason, on the record before it, why it should curtail the Library’s discretion in processing books on such disparate topics as caring for houseplants, playing chess, or mystery novels. Furthermore, the requested injunctions are so vague and general that they could potentially prevent the Library from altering these processes even for reasons that could be perfectly benign, prudent, and constitutionally inoffensive. 

Friday, August 25, 2023

Religious or Parental Rights Not Violated By School Classroom Discussion of LGBTQ-Themed Books

In Mahmoud v. McKnight, (D MD, Aug. 24, 2023), a Maryland federal district court refused to issue an injunction to allow parents to opt their public-school children out of classroom reading and discussion of books with LGBTQ themes. Parents claim that the books' messages violate parents' sincerely held religious beliefs.  The court said in part: 

In essence, the plaintiffs argue that by being forced to read and discuss the storybooks, their children will be pressured to change their religious views on human sexuality, gender, and marriage. The Court interprets this argument as an indoctrination claim.... 

The plaintiffs have not identified any case recognizing a free exercise violation based on indoctrination....

Here, the plaintiffs have not shown that the no-opt-out policy likely will result in the indoctrination of their children....

Separate from any indoctrination claim, Mahmoud and Barakat contend their son would be forced to violate Islam’s prohibition of “prying into others’ private lives” and its discouragement of “public disclosure of sexual behavior” if his teacher were to ask him to discuss “romantic relationships or sexuality.”... Forcing a child to discuss topics that his religion prohibits him from discussing goes beyond the mere exposure to ideas that conflict with religious beliefs. But nothing in the current record suggests the child will be required to share such private information. Based on the evidence of how teachers will use the books, it appears discussion will focus on the characters, not on the students.....

The parents assert that their children’s exposure to the storybooks, including discussion about the characters, storyline, and themes, will substantially interfere with their sacred obligations to raise their children in their faiths.... [T]he parents’ inability to opt their children out of reading and discussion of the storybooks does not coerce them into violating their religious beliefs....  The parents still may instruct their children on their religious beliefs regarding sexuality, marriage, and gender, and each family may place contrary views in its religious context. No government action prevents the parents from freely discussing the topics raised in the storybooks with their children or teaching their children as they wish.

In a press release on the decision, Becket Fund announced that the case will be appealed to the 4th Circuit.

Tuesday, August 15, 2023

Baylor Gets DOE Assurance That It Is Exempt From Title IX Sexual Harassment Rules

In a July 25 letter (full text), the U.S. Department of Education Office of Civil Rights has assured Baylor University that, as a university controlled by a religious organization, it is exempt from various regulations under Title IX to the extent that they are inconsistent with the University's religious tenets.  As reported by the Religious Exemption Accountability Project, in the past many religious universities have been assured they are exempt from Title IX regulations barring discrimination on the basis of sexual orientation, gender identity, marital status, sex outside of marriage, pregnancy or abortion. (See prior posting.) For the first time, however, Baylor was also assured that it is exempt from sexual harassment rules. More specifically, it was assured that compliance with its religious tenets by the University or its students would not constitute “unwelcome conduct” under the Department’s definition of “sexual harassment” under Title IX. 

Baylor's letter requesting a ruling (full text) was filed in response to several complaints filed with the DOE Office for Civil Rights. The letter reads in part:

The University does not discriminate on the basis of sexual orientation or gender identity or expression per se, but it does regulate conduct that is inconsistent with the religious values and beliefs that are integral to its Christian faith and mission....

The OCR complaints at issue here allege that Baylor violated OCR's Title IX regulations by its application of its Statement on Human Sexuality, Sexual Conduct Policy, Civil Rights Policy, Theological Seminary Policy, Baptist Faith and Message of 1963, and Truett Handbook to its campus community, both as a general matter and specifically in three situations: (1) the University's alleged decision to deny applications for an official charter for Gamma Alpha Upsilon, (2) the University's alleged response to notice that students were subjected to harassment based on their sexual orientation and/or gender identity, (3) and the University's alleged decision to pressure University media to not report on LGBTQ events and protests in September and October 2021.

According to an extensive report on Baylor's request, Baptist News Global says in part:

Baylor Assistant Vice President for Media and Public Relations Lori Fogleman said Baylor is responding to the “expanded definition of sexual harassment” under Title IX from the Biden administration, which includes discrimination against LGBTQ people.

Thursday, August 10, 2023

Catholic Couple Sues Foster Care Agency For Religious Discrimination [Revised]

 A Catholic couple has filed suit in a Massachusetts federal district court against the Massachusetts Department of Children and Families claiming free exercise and free speech violations. Plaintiffs were denied a foster care license because they would not be affirming to a child who identified as LGBTQIA.  The complaint (full text) in Burke v. Walsh, (D MA, filed 8/8/2023), alleges in part:

As faithful Catholics, the Burkes believe that all children should be loved and supported, and they would never reject a child placed in their home. They also believe that children should not undergo procedures that attempt to change their God-given sex, and they uphold Catholic beliefs about marriage and sexuality....

In effect, DCF has interpreted its regulations, which require foster families to “support[] and respect[] a child’s sexual orientation or gender identity,” 110 CMR 7.104(1)(d), as an absolute bar for Catholics who agree with the Church’s teaching on sex, marriage, and gender.

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

[Note-- this post was erroneously published previously with a title but no text.]

Thursday, June 29, 2023

Michigan Legislature Bans Conversion Therapy-- 22nd State To Do So

The Michigan legislature yesterday gave final passage to HB 4616 (full text) and HB 4617 (full text), bills which together prohibit mental health professionals from engaging in conversion therapy with a minor. HB4617 contains an elaborate definition of "conversion therapy" which explicitly excludes, among other things, "counseling that provides acceptance, support, or understanding of an individual or facilitates an individual's coping, social support, or identity exploration and development ...  as long as the counseling does not seek to change an individual's sexual orientation or gender identity."  When signed by the Governor, Michigan will become the 22nd state (plus the District of Columbia) to ban conversion therapy for those under 18. M Live reports on the new legislation.

Friday, June 09, 2023

White House Announces New Initiatives to Protect LGBTQI+ Communities

The White House yesterday released Fact Sheet: Biden-⁠Harris Administration Announces New Actions to Protect LGBTQI+ Communities (full text). It reads in part:

Today, in celebration of Pride Month, the Biden-Harris Administration is announcing new actions to protect LGBTQI+ communities from attacks on their rights and safety.  Over a dozen states have enacted anti-LGBTQI+ laws that violate our most basic values and freedoms as Americans, and are cruel and callous to our kids, our neighbors, and those in our community. The Biden-Harris administration stands with the LGBTQI+ community and has their backs in the face of these attacks....

The Fact Sheet announced new federal action, including a new LGBTQI+ Community Safety Partnership and new initiatives to deal with LGBTQI+ youth homelessness, foster care and mental health. It also announced the release of federal funds "to support programs that help parents affirm their LGBTQI+ kids."  Additionally, it announced initiatives to counter book bans, which "disproportionately strip books about LGBTQI+ communities, communities of color, and other communities off of library and classroom shelves." The Department of Education will appoint a coordinator to "work to provide new trainings for schools nationwide on how book bans that target specific communities and create a hostile school environment may violate federal civil rights laws."

Thursday, May 25, 2023

Court OK's Police Department's Rejection of Religious-Themed Flags and Uniform Patches

In Sangervasi v. City of San Jose, (ND CA, May 22, 2023), a California federal district court dismissed a suit by a police officer William Sangervasi who challenged the police department's refusal to adopt his proposed patch and flag designs. The court explained:

In August 2019, as part of the region’s celebration of Silicon Valley Pride Month, Chief Garcia raised a rainbow-themed LGBTQ pride flag in place of the City of San Jose flag on the flagpole outside SJPD headquarters....

On July 28, 2020, Chief Garcia issued official SJPD Memorandum #2020-33, introducing a rainbow-themed LGBTQ pride shoulder patch for the SJPD uniform.... 

On November 11, 2020, Mr. Sangervasi sent a memorandum to Chief Garcia titled, “Desecration of The Uniform by Memorandum #2020-33.” ... Mr. Sangervasi’s memorandum “detailed his intent to forever protect and defend the sacrosanct neutral and impartial visual appearance of The American Uniform” by submitting various “free speech patch and flag designs” that he wanted the SJPD to adopt.... Mr. Sangervasi proposed patch designs featuring phrases and images such as “natural hetero-sexual pride,” what appears to be Christian rosary beads encircling the traditional SJPD crest, and an image of the Christian archangel Saint Michael.... He proposed flag designs featuring phrases and images including, for example, “father + mother = girls + boys,” “white lives matter,” and the confederate battle flag.... Two days later... Mr. Sangervasi was placed on indefinite administrative leave.... On December 11, 2020, Mr. Sangervasi received a letter from Acting Chief Dave Knopf denying Mr. Sangervasi’s demand that the SJPD adopt Mr. Sangervasi’s patch and flag designs.

The court, rejecting plaintiff's free exercise, free speech and equal protection claims, held:

Mr. Sangervasi does not allege any burden on his sincere religious practice pursuant to a policy that is not neutral or generally applicable. Rather, he complains that, if the SJPD authorizes specialty uniform patches to be worn on a voluntary basis, it must allow him to wear religion-themed patches of his own design.... These allegations fail to state a claim for relief because the City has not created a public forum in which Mr. Sangervasi has a right to express any views, let alone those views that may be grounded in religious practice or belief. In the absence of such a forum and as discussed above, the SJPD’s patch designs amount to government speech and do not burden Mr. Sangervasi’s religious practice.

Parents Charge That Elementary School Pride Stories Violate Their Free Exercise Rights

Muslim and Christian parents filed suit yesterday in a Maryland federal district court challenging the Montgomery County School Board's policy that introduces their pre-K and elementary school students to various "Pride Storybooks." The parents are seeking the right to opt their children out of family life and human sexuality instruction, including reading of the Storybooks. The complaint (full text) in Mahmoud v. McKnight, (D MD, 5/24/2023), alleges that requiring their children to listen to the Storybooks violates the parents free exercise and free speech rights, as well as their right to control their children's education.  The complaint alleges in part:

222. The School Board’s policy to mandate the Pride Storybooks to discourage a biological understanding of human sexuality is not neutral toward religion, in part because it assumes that traditional religious views regarding family life and sexuality as supported by sound science and common sense are hurtful, hateful, or bigoted.

223. This burdens the Parents’ freedom to form their children on a matter of core religious exercise and parenting: how to understand who they are.

224. It also burdens the Student Plaintiff’s freedom to receive an education in an environment free from religious discrimination....

254. Far from guaranteeing a fair and objective discussion of religious perspectives, the School Board’s Pride Storybooks and corresponding “resource guide” preclude religious viewpoints on the topics of sexual orientation and gender identity—because of their viewpoint. That is unconstitutional.

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

Thursday, April 27, 2023

British Court Rejects Parents' Challenge To School's LGBT Curriculum

In Montague v. Governing Body of Heavers Farm Primary School, (UK Cty. Ct., April 24, 2023), a British County Court, in an 89-page opinion, dismissed a suit by Christian parents who objected to a primary school's activities relating to LGBT equality. The court described the claims:

This is a claim for compensation, damages, declarations and recommendations pursuant to alleged violations of the Equality Act 2010, the Human Rights Act 1998 and for breach of Statutory duty....

The Claimants are black Christians whose 4 year old son Izaiyah Montague attended the school between 11th September 2017 and 19th October 2018....

In broad terms, the focus of this case is on the events from mid 2018 when the school decided to arrange a number of activities which would coincide with ‘Pride Month’ in June. It is the school’s position that these events were part of broader teaching throughout the year. This was directed towards supporting tolerance, challenging stereotypes and to prevent bullying....

The parents’ case is that the teaching at the school caused a conflict between their religious household and the approach adopted by the school, exposing their young and vulnerable child to the possibility of conflict and confusion. They further assert that the treatment of the complaints, the detention of Izaiyah and the barring of the Second Claimant were the direct result of their adherence to Christian beliefs and prosecution of a well founded complaint to the school....

In rejecting the parents' claims, the court said in part:

I do not accept that, as formulated, the curriculum the teaching I have outlined, was designed to promote LGBT beliefs over others. The difficulty that the Claimants face is that they have focussed on one aspect of a year long SMSC curriculum. There was very little examination of and criticism of the other five elements of the teaching. By throwing an intense concentration on one sixth of the teaching they have lost sight of, and distorted, the overall SMSC curriculum.... [T]he school were under a duty to meet the requirements of the Education Act....  Indeed I confess that I am very uneasy about some of the comments being made at the school gate and it is important for the children’s responsibilities and experiences in later life that there is some corrective to the ill informed views which were being articulated by some of the parents.

Fox News reporting on the case says that plaintiff is appealing the decision.

Wednesday, April 26, 2023

Polish Court Convicts LGBT Marchers of Offending Religious Feelings

 Notes from Poland reports that a district court in Częstochowa, Poland last week concluded that two women were guilty of "offending religious feelings" in violation of Article 196 of Poland's Penal Code. The defendants were identified only as Kamila Ł.-B. and Magdalena W.-D.  During the 2021 Equality March in Częstochowa, they displayed images of the Virgin Mary and Jesus with rainbow haloes above their heads. In a procedure which did not require a full trial, the court relied on the opinion of an expert who said that the haloes were not of the Biblical, seven-colors symbolizing hope and closeness to God, but instead were the six-colored LGBT symbol. The court imposed 5 months of community service on one defendant and fined the other 2,000 zloty. Defendants' lawyer says they will contest the judgment, requiring the case to go to a full public trial.

Monday, April 17, 2023

Supreme Court Review Sought in Challenge to Conversion Therapy Ban

On March 27, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Tingley v. Ferguson. In the case, the U.S. 9th Circuit Court of Appeals denied an en banc rehearing of a 3-judge panel's decision rejecting free speech, free exercise and vagueness challenges to Washington state's ban on practicing conversion therapy on minors. Conversion therapy encourages change in sexual orientation or gender identity. (See prior posting). SCOTUSblog  reports on the petition for review.

Thursday, March 09, 2023

Michigan Legislature Adds LGBTQ Protections to State Civil Rights Act

The Michigan legislature today gave final approval to Senate Bill 4 (full text) which adds "sexual orientation" and "gender identity or expression" to the anti-discrimination provisions of the Elliott-Larsen Civil Rights Act. The bill now goes to Governor Gretchen Whitmer for her signature. Detroit News reports that she has promised to sign the bill into law. During its consideration of the bill, the Michigan Senate rejected a number of proposed religious liberty amendments. The Michigan Supreme Court previously held that existing language of the Act bars sexual orientation discrimination. The state Court of Claims has held that it also bars discrimination on the basis of gender identity. (See prior posting.) Senate Bill 4 now makes these holdings explicit.

Friday, December 30, 2022

Christian School Teacher Fired for Acceptance of LGBT Students Files Suit

Suit was filed this week in an Arizona federal district court by Adam McDorman, an English teacher who was fired by Valley Christian School for urging the school's principal, Josh LeSage, to show acceptance and understanding of a student who identifies as pansexual.  The complaint (full text) in McDorman v. Valley Christian Schools, (D AZ, filed 12/27/2022), alleges in part:

15. McDorman’s Christian faith and beliefs include acceptance and equality for all LGBT persons and do not tolerate discrimination or hostility against them....

19.  On November 1, 2021, during a staff meeting at which McDorman was present, LeSage said that all of VCS staff should have the same religious belief in the sinfulness of LGBT sexual orientation, and that anyone who did not agree was like a cancer that needed to be removed from the (VCS) organization....

The complaint alleges that McDorman's firing amounted to religious discrimination and retaliation for opposing discriminatory practices in violation of provisions of Title VII and Title IX. AZFamily News reports on the lawsuit.

Friday, December 16, 2022

NY Appellate Court Says Yeshiva University Must Recognize LGBTQ Student Group

In YU Pride Alliance v. Yeshiva University, (NY App. Div., Dec. 15, 2022), a New York state appellate court affirmed a trial court's decision that New York City's public accommodation law requires Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance. The appellate court said in part:

[The trial court] correctly held that Yeshiva does not meet the definition of "religious corporation incorporated under the education law or the religious corporation law," which would exempt it from the prohibitions against discrimination in public accommodations as an organization "deemed to be . . . distinctly private" (Administrative Code of City of NY §§ 8-102, 8-107[4][a][1][a])....

Turning to defendants' First Amendment arguments, we find that providing the Pride Alliance with full and equal access to public accommodations does not intrude on Yeshiva's asserted right "to decide matters 'of faith and doctrine'" ... The record demonstrates that Yeshiva already recognizes LGBTQ+ student organizations at three of its graduate schools... and made clear as early as 1995 that this recognition did not mean Yeshiva endorsed or accepted the views of those student groups.... [W]e find that denial of recognition for the Pride Alliance is not "essential" to Yeshiva's "central mission"...

Similarly, we find no violation of Yeshiva's free exercise of religion. The City HRL's public accommodations provision is both neutral and generally applicable.... 

Finally, we reject the contention that recognizing the Pride Alliance as a student club violates Yeshiva's freedom of expression and association, as a "school does not endorse or support student speech that it merely permits on a nondiscriminatory basis".... Moreover, there is no violation of Yeshiva's associational rights where plaintiff Pride Alliance members are already enrolled students, Yeshiva already engaged in many discussions with the Pride Alliance about sexual orientation and gender identity issues, Yeshiva continued to express the desire to foster diversity and inclusion in association with Pride Alliance members when denying official recognition, and Yeshiva even explained several actions it was undertaking to bring about "greater awareness and acceptance" and "create a space where students, faculty and Roshei Yeshiva to continue this conversation" about sexual orientation and gender identity....

The Forward reports on the decision.

Friday, December 02, 2022

Establishment Clause Challenge to Pending Abortion and LGBTQ Laws Is Dismissed

 In Pickup v. Biden, (D DC, Nov. 30, 2022), plaintiffs-- including four pastors-- asked the D.C. federal district court to declare two bills pending in Congress unconstitutional and enjoin their passage. At issue are the Women's Health Protection Act which assures the right to abortion and the Equality Act which would add sexual orientation and gender identity to the federal Civil Rights Act. Plaintiffs focused primarily on an Establishment Clause challenge. The court described plaintiffs' claims, saying in part:

In their view, the Supreme Court’s decisions in Roe v. Wade and Planned Parenthood v. Casey undermine the Establishment Clause by promoting the religion of “secular humanism.”...  According to Plaintiffs, secular humanism includes a “pro-abortion” denomination and an “LGBTQ” denomination.... Plaintiffs thus argue that the Government violates the Establishment Clause if it promotes abortion or LGBTQ ideology.

The court held that the Constitution's Speech or Debate Clause bars Plaintiffs’ claims against the congressional Defendants, that it lacks jurisdiction to enjoin a President from performing his official duties, and that plaintiffs lack standing.

Tuesday, November 29, 2022

State Religious Discrimination Claims Against Airline Union Are Pre-empted By Federal Law

In Brown v. Alaska Airlines, Inc., (WD WA, Nov. 23, 2022), a Washington federal district court dismissed state-law religious discrimination claims brought against the flight attendants' union by two of its members.  Alaska Airlines fired plaintiffs because they posted comments on the company's internal intranet opposing the Airline's support for a federal statute that would add sexual orientation and gender identity to federal anti-discrimination laws. Plaintiffs claimed their comments were grounded in their religious beliefs. The Union unsuccessfully represented the flight attendants at a hearing appealing their termination.  Plaintiffs then sued claiming not only that Alaska Airlines discriminated against them because of their Christian faith, but that the Union did not defend them as vigorously as it defends other flight attendants because of the flight attendants' religious beliefs. The court dismissed the flight attendants' claims against the Union that were brought under Washington and Oregon anti-discrimination laws.  It concluded that that the "duty of fair representation" stemming from provisions of the federal Railway Labor Act pre-empts claims brought under state anti-discrimination laws where the charge is that a union did not adequately represent an employee in the grievance process.