1st Circuit: Satanic Temple Loses Bid to Deliver City Council Invocation

In The Satanic Temple, Inc. v. City of Boston, (1st Cir., Aug. 6, 2024), the U.S. 1st Circuit Court of Appeals rejected arguments that the failure to invite Satanic Temple to deliver an invocation at a Boston City Council meeting violated the 1st Amendment's Establishment Clause and the free exercise clause of the Massachusetts Constitution. Individual members of Council invite invocation speakers, without any guidelines as to selection. They choose speakers based on personal relations or based on the work the speaker does in the member's district or with the member's constituents. The court said in part:

TST has not shown that any of the Boston City Councilors have chosen invocation speakers based on the Councilors' own religious preferences or biases or barred potential speakers from delivering invocations that oppose the Councilors' religious beliefs.  The record shows rather that speakers were invited based on their contributions to the Councilors' districts and to the Boston community....

The record shows that there are many neutral, non-discriminatory reasons why TST has not been invited to give an invocation, including the following.  TST does not claim to have had a personal or working relationship with any Councilor on the basis of work it has done to benefit Boston communities. ...

Chief Judge Barron filed a concurring opinion, saying in part:

The City starkly sets forth the argument that causes me concern in its brief to us on appeal.  It contends -- seemingly unabashedly -- that the Establishment Clause permits City Councilors to choose invocation speakers based on how likely the selection is to earn them votes at the ballot box from certain religious communities.... 

I suppose the City is right that using invocations to attract political support from certain religious communities does not constitute invidious religious discrimination.  But I am dubious that the Establishment Clause blesses the practice that the City describes....

Oklahoma Legislature Enacts Bill Requiring Schools to Offer Released Time for Credit Courses in Religious or Moral Instruction

Last week the Oklahoma legislature passed and sent to Governor Kevin Stitt for his signature HB 1425 (full text) which requires every school district board to adopt a policy that allows students to attend a released-time course in religious or moral instruction for up to three class periods per week. The course is to be taught by an independent entity off of school property. The school district is to award students credit for the released-time course after the course is evaluated using secular criteria set out in the new law.

According to KRMG News, before the Governor announced whether or not he would sign the bill, The Satanic Temple issued a statement saying that if the bill becomes law, it will offer a released-time course through its Hellion Academy of Released Time Learning. The Satanic Temple said in part that it "believes that public schools should be free from religious influence, [but is] ... prepared to ensure our members’ children receive the same opportunities as those participating in other religion’s programs."

Satanic Temple Can Move Ahead with Establishment Clause Challenge to Its Treatment by City Council

In The Satanic Temple v. The City of Chicago, (ND IL, March 31, 2024), an Illinois federal district court held that The Satanic Temple ("TST") had alleged enough to move ahead on its claim that the city had violated the Establishment Clause by constantly delaying for over three years a request by a TST clergyman to deliver an invocation at a Chicago City Council meeting.  The court said in part:

The Establishment Clause requires that the City treat Vavrick the same as it would any other clergy member from any other religion. Assuming, therefore, that the City has not scheduled Vavrick to give an invocation because of his religious beliefs, such practice violates the Establishment Clause.

The court however dismissed plaintiffs' free speech claim finding that plaintiffs had not plausibly alleged that City Council invocations are anything other than government speech. It also refused to grant a preliminary injunction.

Satanic Temple Sues School Board Over Discriminatory Rental Fees for Satan Club

The Satanic Temple filed suit this week in a Tennessee federal district court complaining that the Memphis-Shelby County School Board is placing hurdles in the way of its renting space for use by an After-School Satan Club. The complaint (full text) in The Satanic Temple, Inc. v. Shelby County Board of Education, (WD TN, filed 3/19/2024), alleges in part:

160. ... MSCS has demonstrated a widespread custom and practice of unnecessarily delaying approval or denial of the Satanic Temple’s rental applications....

169. ... MSCS is unconstitutionally discriminating against the Satanic Temple on the basis of its disfavored viewpoint and the content of its speech by charging the Temple a discriminatory hourly rental rate for its monthly ASSC meetings and ... an arbitrary and exorbitant security fee while not charging the same rates or security fees to the Good News Club....

170. ... MSCS’s discriminatory actions are ... arising from disagreement with, and hostility toward, the viewpoint and/or content of the Satanic Temple’s speech, as well as hostility towards the Satanic Temple’s religion by school board members, MSCS administrators, MSCS officials, community members and others....

196. The Satanic Temple’s before- and-after school clubs are a vital part of its religiously motivated mission to provide a safe, inclusive, and welcoming club for students whose parents are members of the Satanic Temple, as well as other students who may not feel welcomed or comfortable at other available before- or after-school religious clubs.

197. MSCS’s widespread custom and practice of discriminating against the Satanic Temple and attempting to constructively block and deter the ASSC from meeting ... substantially burdens the Satanic Temple’s exercise of its sincerely held non-theistic religious belief.

Freedom From Religion foundation issued a press release announcing the filing of the lawsuit.

Satanic Temple Loses Challenge to Idaho Abortion Bans

In The Satanic Temple v. Labrador, (D ID, Jan. 31, 2024), an Idaho federal district court dismissed several challenges to Idaho's statutes criminalizing abortion filed by The Satanic Temple which has created its own Abortion Ritual.  The court describes plaintiff's claims:

The Satanic Temple (“TST”) filed the instant case arguing Defendants actions have: (1) effected a regulatory taking of the economic value of a pregnant woman’s womb in violation of the Fifth Amendment; (2) effectively made pregnant women into slaves in violation of the Thirteenth Amendment; (3) given unconstitutional preferences to rape victims in violation of the Fourteenth Amendment; and (4) violated Idaho’s religious freedom statutes.

After finding that TST lacks standing to bring the suit, the court goes on to also reject TST's first three claims on the merits and concludes that TST, which asked to file an amended complaint to substitute a free exercise claim for its claim under Idaho's Exercise of Religious Freedom Act, should do this by fining a new lawsuit rather than an amended complaint.

Idaho Attorney General Labrador issued a press release announcing the decision which he titled "Attorney General Labrador Defeats Satan." LifeNews reporting on the decision said that lawyers for TST plan an appeal to the 9th Circuit.

Denying Satanic Temple's Invocation Request Upheld

In The Satanic Temple, Inc. v. City of Boston, (D MA, July 31, 2023), a Massachusetts federal district court upheld Boston City Council's refusal to invite a representative of The Satanic Temple ("TST")  to deliver an invocation at a City Council meeting. The court said in part:

TST can prevail on its Establishment Clause claim if the evidence shows that the City's denial of TST's request to give the invocation was based on TST's religious beliefs. The City provides ample evidence that the refusal to invite TST to give an invocation was not because of TST's religious beliefs. All of the evidence submitted suggests that individual City Councilors invited speakers who served their constituents and were active in their communities, and TST did not qualify as such....

While TST provides some evidence that it had been involved in the greater Boston community, which is the primary factor City Councilors consider when selecting invocation speakers, through “Menstruatin’ with Satan,” “Warmer than Hell,” and Boston Pride tabling, there is no evidence that the City Councilors knew of those activities, nor that those activities took place within the Councilors’ districts. Indeed, the evidence clearly conflicts with that conclusion.....

The emails sent from the public to the City Councilors fall short of supporting TST's discrimination claim. Emails from the public expressing disagreement with TST's beliefs —particularly where, as here, there is no evidence that any City Councilor responded to those emails—do not support an inference that City Councilors did not invite TST to give an invocation because they shared the same opinion as the senders....

The City Council's process—or lack thereof—for selecting invocation speakers is the most troublesome to the Court of all factors to consider regarding legislative prayer practices. There is no dispute that the selection of the invocation speaker is left to each individual City Councilor's discretion, and there are no formal written policies governing this procedure. This leaves ample room for abuse, which concerns the Court. However, the lack of a formal, written policy does not by itself create a constitutional problem (though the existence of one could provide neutrality-enforcing guidelines that would help avoid constitutional issues in the future), nor does the fact that the selection of speakers is left to the discretion of the individual Councilors.

The court also rejected a free exercise claim. [Thanks to Greg Chaufen for the lead.]

Court Strongly Criticizes Performance of Counsel for The Satanic Temple

In March 2021, The Satanic Temple and one of its members filed suit in a Texas federal district court challenging Texas' requirement that a woman have a sonogram prior to an abortion. The complaint alleged that in light of the Satanic Temple's Satanic Abortion Ritual, the Texas requirement violated plaintiffs' free exercise, substantive due process and equal protection rights. (See prior posting.) After the U.S. Supreme Court's Dobbs decision, The Satanic Temple filed a Third Amended Complaint.  In The Satanic Temple, Inc. v. Young, (SD TX, July 3, 2023), the Texas district court then dismissed the suit for lack of standing and on sovereign immunity grounds.  The court added:

Without any supporting detail, Plaintiffs assert two causes of action under the First Amendment, one being a claim swirling together the Free Speech and Free Exercise Clauses, and the other pertaining to the Establishment Clause. Young argues that these claims are so inadequately pleaded as to deprive her of fair notice as to what exactly this suit is about in the wake of Dobbs....

The court also refused to grant plaintiffs leave to replead their claims.  In doing so, the court set out an unusually strong criticism of the performance of plaintiffs' counsel, saying in part:

Given the detail of the prior complaints and these substantial changes in the law, the deficiencies in the operative complaint are no doubt intentional. And indeed, the filing of a willfully deficient amended complaint is of a piece with the mulish litigation conduct by counsel for Plaintiffs, Attorney Matt Kezhaya, in this and other actions representing The Satanic Temple. Recently considered in this regard was whether to revoke his permission to proceed pro hac vice in light of sanctions entered against him in other federal courts after his appearance here. For example, [in one of those cases:]

He ... filed a second motion for TRO containing negligible legal analysis, with six pages of the main analysis dedicated to presentation of what’s purported to be a five-act play.....

Litigation of constitutional claims is a serious matter. Such issues deserve serious attention from counsel desiring to be taken seriously. As it turns out, Plaintiffs might have been better served by proceeding pro se, as applicable standards would dictate that their filings would be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.”...

And any repleading at this stage would manifest undue prejudice to a range of current and former Defendants who still have little clue as to the exact nature of the claims brought in this case. The Court is also of the firm belief that any further attempt at repleading would be futile, given that Attorney Kezhaya’s filings become more conclusory, reductive, and intemperate over time, in line with his performative and obstinate conduct to date.

Satanic Temple Sues to Deliver Invocation at Chicago City Council

The Satanic Temple filed suit last week in an Illinois federal district court challenging the city's exclusion of its clergy from delivering an invocation before Chicago City Council.  The complaint (full text) in The Satanic Temple, Inc. v. City of Chicago, (ND IL, filed 5/3/2023) alleges in part:

2. The City of Chicago has a longstanding practice of inviting clergy to open each meeting of its City Council with a prayer. 

3. Plaintiffs, The Satanic Temple Inc. (“TST”), and Adam Vavrick, an ordained minister of the Satanic Temple and a leader of TST’s Illinois congregation, seek to take part in this time-honored tradition by delivering an invocation before a City Council meeting. For more than three years, the City has rebuffed Plaintiffs’ efforts to provide an invocation without providing any clear explanation of why. 

4. The City’s practices with regard to invocations before City Council violate the First Amendment in two ways:

first, the City violates the First Amendment’s establishment clause by excluding disfavored minority faiths from the opportunity to provide an invocation; and 

second, the City grants the City Clerk unconstrained discretion to decide who can and cannot deliver an invocation because it lacks any standards for selection of clergy to give invocations and has not established a uniform process for members of the clergy to apply to give an invocation.

Reason reports on the lawsuit.

Court Says School Must Allow After School Satan Club to Use School Space For Meetings

In The Satanic Temple, Inc. v. Saucon Valley School District, (ED PA, May 1, 2023), a Pennsylvania federal district court issued a preliminary injunction requiring the District to allow the After School Satan Club to use school facilities for meetings pursuant to a District Policy on use of school facilities by community organizations. After initial approval of the group's use of Saucon Valley Middle School for meetings, the school had received a shooting threat that required it to close for a day.  Subsequently, it "received over 40 phone calls and 50 emails or handwritten letters, daily, from concerned staff, parents, and community members." This led the District to rescind approval for the Club's use of school facilities, and led to the filing of this lawsuit. The court said in part:

Here, TST states a colorable claim that the District’s decision to rescind approval of its application and prohibit the ASSC from using school facilities for the remainder of the current school year restricts TST’s speech based on TST’s viewpoint, which shifts the burden to the District to justify its restriction on speech....

The District argues its restriction of TST’s speech is justified under the First Amendment because the District determined TST violated the District’s content-neutral Advertising Restriction contained in Policy 707 by posting social media advertisements on February 20, 2023 and February 23, 2023 that failed to clearly communicate the ASSC was not sponsored by the District....

TST makes a sufficient showing that the District selectively and inconsistently enforced its Advertising Restriction against TST as compared to other similarly situated speakers. The District’s proffered distinctions and rationale for this inconsistent enforcement are unpersuasive and fail to satisfy the District’s burden of justification. This inconsistent treatment strongly suggests viewpoint discrimination....

There is no doubt the District and Superintendent were faced with difficult, time-sensitive decisions. However, the Court’s analysis is guided by the law, not practical decision-making considerations or the Court’s own personal opinions. The law requires the Court to determine whether the District’s decision to rescind approval of TST’s application was based on the content of TST’s religious viewpoint and the reactions to it. The Court concludes it was.

ACLU issued a press release announcing the decision.

Satanic Temple Is Not Limited Purpose Public Figure for Defamation Law Purposes

In The Satanic Temple, Inc. v. Newsweek Magazine LLC, (SD NY, March 8, 2023), a defamation suit by The Satanic Temple (TST) over a Newsweek article about it, a New York federal district court concluded that TST is not a limited purpose public figure for purposes of defamation law.  The court said in part:

,,, Plaintiff “advocates for the religious rights of its membership, and must sometimes take legal action to protect those rights.... Defendants contend that this activity is sufficient to make Plaintiff a limited purpose public figure because the “advocacy tends to attract attention.”...

But attention alone is not enough. Plaintiff must have “invited public attention to [its] views in an effort to influence others.” ... Defendants offer no evidence to show that Plaintiff “openly invited media attention,” by “issuing press releases, making public statements [or] addressing ‘open letters.’”... Plaintiff initiated lawsuits for the sole purpose of protecting the religious rights of its members, not to influence the minds of others. One does not voluntarily inject itself into a public controversy simply by filing a lawsuit to vindicate its rights, even if doing so incidentally attracts public attention.

Nevertheless, the court found that most of the statements cited by TST were not defamatory. Only a statement claiming that TST covered up sexual abuse survived the motion to dismiss. Volokh Conspiracy reports on the decision.

Satanic Temple Opens Reproductive Health Clinic Offering Its Abortion Ritual

In a press release issued this week, The Satanic Temple ("TST") announced that it has set up its first Reproductive Health Clinic in New Mexico. TST has developed an abortion ritual that it claims is protected by the First Amendment. According to the press release:

[A]nyone in New Mexico seeking to perform The Satanic Temple’s abortion ritual will be able to receive free online medical services. Patients undergo a confidential screening and virtual appointment before having their prescriptions sent to the clinic’s pharmacy partner, who will mail the medications in a discreet package. The pharmacy’s fees will fall around $90 USD in order to keep prices at a minimum. TST Health’s licensed medical staff will be available for patient questions and concerns and will initiate follow-up communications with patients. In addition, the clinic has a dedicated patient hotline that is on call 24/7. 

The Satanic Temple hopes to expand operations into other states, including those that do not allow clinicians to perform abortions.

TST's press release added that it has named the facility "The Samuel Alito’s Mom's Satanic Abortion Clinic," and went on to elaborate on that choice. Christian Post reports on TST's actions.

Satanic Temple Files Novel Challenges To Indiana Abortion Law

Earlier this week, The Satanic Temple filed suit in an Indiana federal district court challenging on somewhat novel grounds Indiana's recently enacted restrictive abortion ban. The complaint (full text) in The Satanic Temple v. Holcomb, (SD IN, filed 9/21/2022) not only alleges that the ban violates Indiana's Religious Freedom Restoration Act because it outlaws the Satanic Abortion Ritual, but also alleges other constitutional defects. It contends in part:

59. The property right of an Involuntarily Pregnant Woman to exclude or remove a Protected Unborn Child from her uterus cannot be taken by the State of Indiana without just compensation pursuant to the Takings Clause of the Fifth Amendment to the U.S. Constitution.

60. The property right to exclude or remove a Protected Unborn Child from a woman’s uterus has substantial commercial value as established by over twenty-five years of experience with gestational surrogacy in Indiana.

It alleges a 13th Amendment violation, contending:

68. The Indiana Abortion Ban causes each Involuntarily Pregnant Woman to provide the services necessary to sustain the life of a Protected Unborn Child that occupies and uses her uterus.

The suit also alleges unconstitutional discrimination between women who become pregnant by accident and those who become pregnant by rape or incest, as well as unconstitutional discrimination between women who become pregnant by accident and those who become pregnant by in vitro fertilization. Courthouse News Service reports briefly on the lawsuit.

Satanic Temple Wants Its Flag To Be Raised At Boston City Hall

In the wake of the Supreme Court's decision earlier this week in Shurtleff v. City of Boston holding that Boston should have allowed Camp Constitution to  briefly fly a Christian flag on a flag pole outside city hall, The Satanic Temple has asked Boston for similar treatment.  AP reports:

The Salem-based group tweeted a request filed Tuesday with the city property management department to raise a flag marking “Satanic Appreciation Week” from July 23-29....

Lucien Greaves, the organization’s co-founder, said in an email Wednesday that the group wants to show that religious liberty must mean respect for “all forms” of religious practice and religious opinion.

Satanic Temple Sues Billboard Company Over Abortion Ritual Ads

The Satanic Temple filed suit last week in an Arkansas federal district court claiming that a billboard advertising company violated the Arkansas Civil Rights Act by refusing to perform under its contract  to put up billboards in Arkansas and Indiana that would spread awareness of TST's Satanic Abortion Ritual. Arkansas Code § 16-123-107 prohibits religious discrimination in contractual and property transactions. The complaint (full text) in The Satanic Temple, Inc. v. Lamar Media Company, (WD AR, filed 2/25/2022), alleges in part:

Part of this case will involve proving that TST’s Satanic Abortion Ritual is substantively different than getting a secular abortion, even though it involves the abortive act, such that this advertising contract contemplated a religious message.....

The Satanic Abortion Ritual is a ceremonious casting off of guilt, doubt, and mental discomfort that the member may be experiencing in connection with their election to abort the pregnancy.

The complaint also alleged breach of contract claims. Arkansas Democrat Gazette reported on the lawsuit.

Satanic Temple Loses Fight Over City's Revocation Of Display Permit

In The Satanic Temple v. City of Belle Plaine, Minnesota, (D MN, Sept. 15, 2021), a Minnesota federal district court dismissed the promissory estoppel claim by The Satanic Temple (TST) growing out of Belle Plaine's rescission of a resolution allowing private groups to place displays in a city park. The city had originally created a limited public forum for private displays honoring veterans, and TST had received a permit to do so. The court said in part:

Here, as addressed, TST received the benefit of Belle Plaine’s alleged promise: TST had a limited-time opportunity, for nearly four months, to display its monument in Veterans Memorial Park. That Belle Plaine terminated TST’s permit early was both authorized by the Enacting Resolution and understood by TST as a possibility when TST applied for a permit. Any contrary expectation held by TST when relying on Belle Plaine’s alleged promise would have been unreasonable. There also is no allegation or evidence that Belle Plaine was unjustly enriched. The only money Belle Plaine received from TST was a $100 permit fee, which Belle Plaine reimbursed to TST. In addition, as addressed, the evidence reflects that TST was not financially harmed and there is no evidence of reputational harm.

The court upheld a magistrate's refusal to allow TST to belatedly amend its complaint to allege free speech, free exercise, equal protection claims and due process claims. Similar claims were previously dismissed. The court also imposed sanctions, in the form of the city's attorney's fees, against TST for maintaining a frivolous lawsuit.

Satanic Temple Seeks RFRA Exemption From Texas Abortion Restrictions

In a press release last week, The Satanic Temple announced that it has sent a letter to the FDA arguing that its members should have unrestricted access to the medical abortion-inducing drug Mifepristone.  The move is an attempt to counter the new "heartbeat" abortion restrictions in Texas. As reported by KVUE News:

The Satanic Temple argues its members should have access to the pills under the Religious Freedom Restoration Act, the same law that allows Native Americans to access peyote for use in rituals. SB 8 “imposes an undue burden on the ability of TST members to undergo the Satanic Abortion Ritual” within the first 24 weeks of pregnancy, the group said.

“I am sure Texas Attorney General Ken Paxton – who famously spends a good deal of his time composing press releases about religious liberty issues in other states – will be proud to see that Texas’s robust religious liberty laws, which he so vociferously champions, will prevent future Abortion Rituals from being interrupted by superfluous government restrictions meant only to shame and harass those seeking an abortion,” Satanic Temple spokesperson Lucien Greaves said in a statement.

Satanic Temple Can Move Ahead With Establishment Clause Claim As To Invocation Denial

In The Satanic Temple, Inc. v. City of Boston, MA (D MA, July 21, 2021), a Massachusetts federal district court refused to dismiss an Establishment Clause challenge to Boston's City Council invocation policy.  The court said in part:

TST reached out to the Boston City Council, which opens each of its meetings with a prayer, asking to give the invocation.... Defendant denied those requests, explaining that City Councilors choose speakers from their communities for their assigned weeks, and that TST could not lead the prayer without an invitation from a City Councilor.... Those denials were made after members of the Boston public objected to the possibility of TST opening a City Council session with a prayer and in the wake of a public outcry and 2,000-person protest after TST attempted to stage a “Black Mass” at Harvard....

Given the fact-specific nature of the inquiry into the constitutionality of legislative prayer schemes and the lack of controlling authority from the First Circuit or Supreme Court, this Court will not dismiss TST’s Establishment Clause claim at the motion to dismiss stage....  TST has plausibly raised a claim that Defendant’s prayer selection policy has discriminated against it in violation of the Establishment Clause.

The court dismissed plaintiff's free exercise, free speech and equal protection challenges. Universal Hub reports on the decision.

9th Circuit: Denial of Invocation Spot To Satanic Temple Was OK

 In The Satanic Temple, Inc. v. City of Scottsdale, (9th Cir., May 19, 2021), the U.S. 9th Circuit Court of Appeals affirmed an Arizona federal district court's dismissal of a religious discrimination suit by The Satanic Temple.  TST sued after it was not permitted to give a religious invocation at a city council meeting.  The district court concluded that the decision was based on a policy that only allowed organizations with substantial ties to the city to deliver invocations. According to the Court of Appeals:

After weighing the credibility of the witnesses, the district court properly concluded that TST had failed to prove by a preponderance of the evidence that TST’s religious beliefs were a factor, let alone a substantial motivating factor, in Biesemeyer’s decision not to approve TST to give a legislative prayer.

Friendly Atheist blog discusses the case.

Satanic Temple Member Sues Over Texas Abortion Requirements

The Satanic Temple and one of its members filed suit last month in a Texas federal district court challenging Texas' requirement that a woman have a sonogram prior to an abortion.  The complaint (full text) in The Satanic Temple, Inc. v. Texas Department of State Health Services, (SD TX, filed 2/12/2021), alleges that the individual plaintiff wishes to engage in The Satanic Temple's Abortion Ritual, explaining:

46. TST developed the Satanic Abortion Ritual to help its membership cast off guilt, shame, and mental discomfort that the member may be experiencing in connection with their election to abort the pregnancy....

47. The Ritual also confirms the member’s choice and wards off effects of unjust persecution....

48. Here, the unjust persecution is an improper effort of the State (the “outside world”) to infringe on the decision-making of a member about her own health decision (the “inside world.”)...

102. Texas places barriers between Ms. Doe (and TST’s similarly situated members) and this religious speech and conduct by first requiring she undergo a medically unnecessary operation, requiring she reject the “opportunity” to see the results of the imaging, requiring she listen to the narrative of and results of the imaging, and requiring she wait.

Plaintiffs claim that the regulations violate their free exercise, substantive due process and equal protection rights. Christian Headlines reports on the lawsuit.

Satanic Temple Challenges Boston City Council's Prayer Policy

Earlier this week, The Satanic Temple filed suit in a Massachusetts federal district court challenging the policy of Boston City Council for selecting individuals to offer the invocations at Council meetings.  The complaint (full text) in The Satanic Temple, Inc. v. City of Boston, MA, (D MA, filed 1/24/2021), alleges that any member of City Council can select a prayer giver. However, The Satanic Temple, which was not selected by a Council member, was denied permission to offer a prayer.  The complaint, claiming Establishment Clause, Free Exercise, Free Speech and Equal Protection violations, contends in part:

As a result, the City broadcasts two constitutionally impermissible messages: those religions who make the cut are endorsed and are therefore insiders of the politically favored community; those who don’t make the cut are not endorsed and are therefore outsiders from the politically favored community.

AP reports on the lawsuit.