Constable Applicant Can Sue Over Religious and Ideological Questions In Job Interview

In Texas, County Constable is an elected position, but where a sitting Constable resigns more than a year before the next scheduled election county commissioners may appoint a new constable to serve until the next election.  In Lloyd v. Birkman, (WD TX, Sept. 2, 2015), a Texas federal district court in a 106-page opinion held that one of the unsuccessful candidates for appointment as County Constable in Williamson County, Texas could pursue various claims against the county and individual commissioners because of the questions asked during the interview process for the position. According to the court:

During the interviews, the candidates received questions on their positions on abortion and same-sex marriage, their political affiliations, the churches that they attended, and their political ideology.

While dismissing some of plaintiff's claims, the court permitted plaintiff to move ahead with his claim that the County committed an unlawful employment practice under Title VII and Texas Commission on Human Rights Act by refusing to hire him because of his religious association, moral views, and ethical beliefs. The court held that the "elected official" exemption does not apply. The court also permitted plaintiff to move ahead against the county and individual defendants on his First Amendment retaliation, freedom of expression and association claims; his 14th Amendment Equal Protection claims; and Texas Constitutional claims. The court rejected plaintiff's violation of privacy claims.

Recent Articles and Book of Interest

From SSRN:

• Daniel Hay, Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct, (Vanderbilt Law Review, Vol. 68, No. 1, 2015).
• Alycia Michelle Wilson, Witches and Guns: The Intersection between Wicca and the Second Amendment, (February 4, 2015).
• Michael Schearer, God, Inc.: Hobby Lobby and Religious Freedom, (January 15, 2015).
• Aaron R. Petty, Accommodating 'Religion', (Tennessee Law Review, Forthcoming).
• Mohammad Fadel, Religious Law, Family Law and Arbitration: Shari'a and Halakha in America, (Chicago-Kent Law Review, Vol. 90, No. 1, 2015).
• Marie Ashe, Hosanna-Tabor, the Ministerial Exemption, and Losses of Equality: Constitutional Law and Religious Privilege in the US, (2 Oxford Journal of Law and Religion (2015)).
• Adam Lamparello, Why Chief Justice Roy Moore and the Alabama Supreme Court Just Made the Case for Same-Sex Marriage, (March 13, 2015).
• Andrew Koppelman & Ilya Somin, Amicus Brief in Obergefell v. Hodges, (Northwestern Public Law Research Paper No. 15-12). 

From SSRN (Non-U.S. Law):

• Roberta Rosenthal Kwall, Living Gardens, Living Art, and Living Tradition, (5 IP Theory Journal 73 (2015)).
• Mark Walters, Succession to the Throne and the Architecture of the Constitution of Canada, (Queen's University Legal Research Paper No. 2015-001 (2014)).
• Lorenzo Zucca, A Secular Manifesto for Europe, (March 5, 2015).
• Anuradha Chadha, A Case for Reservation in Favour of Religious Minorities,(March 6, 2015).
• Mariano Croce, Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes, (The European Legacy 20(2) (2015): 151–165).
• Marie Ashe & Anissa Helie, Realities of Religio-Legalism: Religious Courts and Women's Rights in Canada, the United Kingdom, and the United States, (20 U.Cal.-Davis J. International Law & Policy 139 (Spring 2014)).
• Muhammad Munir, Mechanisms for Child Protection with Focus on Child Custody: Islamic Law and Case Studies of Pakistan and Jordan, (March 8, 2015).
• Frank S. Ravitch, The Japanese Prime Minister's Visits to the Yasukuni Shrine Analyzed Under Articles 20 and 89 of the Japanese Constitution, (Michigan State University College of Law Journal of International Law, Vol. 22, No. 3, 2014).
• Tomas Berkmanas, Natural Law and Political Ontology: A Historico-Philosophical Outline of a Major Human Transformation, (Baltic Journal of Law & Politics 7:2 (2014): 119-151).

From SmartCILP:

• Moamen Gouda & Dawood I. Ahmed, Measuring Constitutional Islamization: the Islamic Constitutions Index, 38 Hastings International & Comparative Law Review 1-74 (2015).
• Sonja R. West, First Amendment Neighbors, 66 Alabama Law Review 357-374 (2014).

Recent Book:

• Carol Weisbrod, Kites and the Sabbath: Legal Transplants and Pluralism in Hawaii, (Vanderplas Publishing, Oct. 2014).

Canada's Human Rights Commission Investigating Catholic Magazine

According to a release by Zenit on Tuesday, the Canadian Human Rights Commission is investigating the Canadian magazine, Catholic Insight, for publishing articles seen as offensive to gays and lesbians. A complaint filed by Rob Wells, a member of the Gay, Lesbian and Transgendered Pride Center of Edmonton, accuses the magazine of promoting "extreme hatred and contempt" against homosexuals. Catholic Insight editor Father Alphonse de Valk said some of the challenged statemets were from recent Vatican pronouncements. Others were political statements, medical studies, and news reports, a number of which focused on the campaign in Canada to legalize same-sex marriage.

Recent Articles of Interest

From SSRN:

• Antony Barone Kolenc, Not 'For God and Country': Atheist Military Chaplains and the Free Exercise Clause, (48 U.S.F. L. Rev. 395 (2014)).
• James M. Oleske, Doric Columns Are Not Falling: Wedding Cakes, the Ministerial Exception, and the Public-Private Distinction, (Maryland Law Review, Vol. 75, 2015, Forthcoming).
• Erwin Chemerinsky & Michele Goodwin, Religion Is Not a Basis for Harming Others, (Georgetown Law Journal, 2015/16, Forthcoming).
• Chad G. Marzen & William Woodyard, Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: A Proposed Solution for Comprehensive Immigration Reform Based Upon Catholic Social Principles, (September 3, 2015).
• Steven J. Heyman, A Struggle for Recognition: the Controversy Over Religious Liberty, Civil Rights, and Same-Sex Marriage, (First Amendment Law Review, Forthcoming).
• Robert A. Kahn, Rethinking the Context of Hate Speech (Book Review: Michael Herz & Peter Molnar, The Content and Context of Hate Speech: Regulation and Responses), (First Amendment Law Review, Forthcoming).
• Isam M. Shihada,The Backlash of 9/11 on Muslims in Mohsin Hamid's The Reluctant Fundamentalist, (International Journal of Humanities and Cultural Studies, Vol. 2, Issue 2 (2015)).
• Angela Riley & Kristen A. Carpenter, Owning Red: A Theory of Indian (Cultural) Appropriation, (Forthcoming Texas Law Review (2016)).

From SSRN (Non-U.S. law):

• Paul Andrew Gwaza & Yusuph Moses Garba, Promoting Ethnic and Religious Harmony in Nigeria through Fidelity to Human Rights Principles, (August 30, 2015).
• Bernard M. Levinson, 'Better that You Should Not Vow than that You Vow and Not Fulfill': Qoheleth's Use of Textual Allusion and the Transformation of Deuteronomy's Law of Vows, (in Reading Ecclesiastes Intertextually. Edited by Katharine Dell and Will Kynes. Library of Hebrew Bible/Old Testament Studies 587. London: T&T Clark, Pages 28–41, 2014).
• Patrick McKinley Brennan, An Essay on Christian Constitutionalism: Building in the Divine Style, for the Common Good(s), (Rutgers Journal of Law and Religion, Forthcoming).
• Aleksandra Lis & and Tomasz Pietrzykowski, Animals as Objects of Ritual Slaughter: Polish Law after the Battle Over Exceptionless Mandatory Stunning,(August 29, 2015).
• Peter Oliver, Companies and Their Fundamental Rights: A Comparative Perspective, (64 International and Comparative Law Quarterly, pp 661-696, 2015).

From SmartCILP:

• Symposium: From the Magna Carta to the Montgomery March: The Career of Rights in the Anglo-American Legal Tradition. Articles by Winston P. Nagan, Bradley W. Miller, James R. Stoner, Jr., Adam J. MacLeod, Dwight G. Duncan, David VanDrunen and Michael J. DeBoer. 6 Faulkner Law Review 1-196 (2014).
• Symposium: Pursuit of Happiness in Interreligious Perspective. Articles by His Holiness the 14th Dalai Lama, Matthieu Ricard, Ch-Rab Jonathan Sacks, Michael J. Broyde, The Most Rev. Katharine Jefferts Schori, Luke Timothy Johnson, Seyyed Hossein Nasr and Khaled Abou El Fadl; response by Vincent J. Cornell. 29 Journal of Law & Religion 5-123 (2014).

Religious Groups Ask California Supreme Court To Void Proposition 8

Yesterday the California Council of Churches along with a number of liberal Protestant and Jewish groups filed a "Petition for Writ of Mandate or Prohibition" (full text) with the California Supreme Court seeking to prevent enforcement of Proposition 8 that was approved by voters earlier this month. (Press release). The petition alleges that the state constitutional amendment barring same-sex marriage was adopted using improper procedures. California's constitution (Art. XVIII) has stricter requirements for constitutional "revisions" than it does for "amendments." Only amendments can be adopted through the initiative process-- the route used for Proposition 8. Revisions require a two-thirds vote of the legislature before being submitted to voters. The Petition filed with the Supreme Court reads in part:

The religious institutions that file this petition ... count on article XVIII to ensure that the California Constitution's guarantee of equal protection for religious minorities cannot be taken away without a deliberative process of the utmost care possible in a representative democracy. If Proposition 8 is upheld, however, the assurance will disappear-- for, just as surely as gay men and lesbians could be deprived of equal protection by a simple majority vote, so too could religious minorities be deprived of equal protection-- a terrible irony in a nation founded by people who emigrated to escape religious persecution.

Six separate legal challenges to Proposition 8 have been filed with the California Supreme Court. (San Jose Mercury News, Nov. 17). [Thanks to Don Clark for the lead.]

Religion Clause Will Be On A 2-Day Publication Break

Religion Clause will be on a two-day publication break tomorrow and Wednesday. Look for new posts early on Thursday. These will include reporting on the oral arguments in the  Supreme Court that will be held on Tuesday and Wednesday in two important same-sex marriage cases. For those who want to read more on the oral arguments before Thursday, SCOTUSBlog will have its usual excellent coverage of the arguments. The Supreme Court's own website will link to transcripts and audio recordings of the arguments when they become available.      

Recent Articles and Books of Interest

From SSRN:

• Randall Lesaffer, The Nature and Sources of Europe's Classical Law of Nations,(June 25, 2015).
• Asim Jusic, Actionable Pluralism and Toleration in Religiously Diverse Societies: For Whom and for What?, (CEDAR Occasional Paper No.7, 2014).
• Matthew S. Erie, Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China, (Law and Social Inquiry, Forthcoming).
• Dr. Harunrashid Kadri, Rights of Muslim Woman with Special Reference to Matrimonial Causes - A Human Rights Perspective, (Fiat Justicia, Volume No.: 3, April, 2015).
• Jennifer Carr, Complicity and Collection: Religious Freedom and Tax, (University of St. Thomas Law Journal, Vol. 11, No. 2, p. 183, Spring 2014).
• Robert D. Goldstein, The Structural Wall of Separation and the Erroneous Claim of Anti-Catholic Discrimination, (13 Cardozo Public Law, Policy & Ethics Journal 173 (2014)).
• Ronnie Lippens, Escape from Evil? Notes on Capacity, Tragedy, Coding and Non-Destructive Immortality Projects, (Oñati Socio-Legal Series, Vol. 5, No. 3, 2015).

From SSRN (Same-sex marriage):

• Michael J. Perry, Obergefell v. Hodges: An Imagined Opinion, Concurring in the Judgment, (Emory Legal Studies Research Paper No. 15-356 (June 27, 2015)).
• Adam Lamparello, Justice Kennedy's Decision in Obergefell: A Sad Day for the Judiciary, (July 2, 2015).
• Susannah William Pollvogt,  Obergefell v. Hodges: Framing Fundamental Rights, (June 29, 2015).

New Books:

• Kevin Vallier, Liberal Politics and Public Faith--Beyond Separation,  (Routledge, June 2014), (podcast with author).
• Anthony M. Petro, After the Wrath of God-- AIDS, Sexuality, and American Religion, (Oxford Univ. Press, July 2015).
• Jean L. Cohen and Cécile Laborde (eds.), Religion, Secularism, and Constitutional Democracy, (Columbia University Press, Jam. 2016).

Sportscaster Sues Fox Sports Claiming Religious Discrimination

Yesterday former NFL player and sportscaster Craig James filed suit in a Texas state court against Fox Sports and various of its affiliates claiming religious discrimination in violation of the Texas Commission on Human Rights Act and breach of contract.  The complaint (redacted full text) in James v. Fox Sports, Inc., (TX Dist. Ct., filed 8/3/2015), claims that James' firing in September 2013, just days after he was hired by Fox, was "due to a short Christianity-focused statement" opposing same-sex marriage on Biblical grounds that he made during a political debate when he ran unsuccessfully for United States Senate some 18 months earlier. Liberty Institute has more information on the case along with links to depositions, the demand letter and media coverage.  According to The Wrap yesterday, Fox Sports issued a statement saying in part:

... Craig James is a polarizing figure in the college sports community and the decision not to use him in our college football coverage was based on the perception that he abused a previous on-air position to further a personal agenda.  The decision had nothing to do with Mr. James’ religious beliefs and we did not discriminate against Mr. James in any way.

James, in 2009 while at ESPN, was involved in a controversy stemming from his comments about the Texas Tech coach Mike Leach's treatment of James' son. (Background.) James resigned from ESPN in Dec. 2011 to run for the U.S. Senate. [This paragraph has been corrected. An earlier more cryptic version gave an incorrect impression.]

New Arizona Law Exempts Churches From Political Committee Registration

On Monday, Arizona Governor Jan Brewer signed S.B. 1282 that provides no religious assembly or institution will be required to register as a political committee, so long as it does not spend a substantial amount of time or assets influencing legislation, or any referendum, initiative or constitutional amendment. The American Independent reported Monday that the new law is aimed at assuring-- as required by 9th Circuit precedent-- that campaign finance laws do not apply to speech by churches on issues of public importance that appear on the election ballot. A 2009 case decided by the 9th Circuit invalidated application of Montana's campaign finance laws to a Church that engaged in limited activities in support of a constitutional initiative banning same-sex marriage. (See prior posting.)

Supporters of Prop 8 Seek Recusal of 9th Circuit Judge

As the U.S. 9th Circuit Court of Appeals moves to hear arguments next week in the lawsuit challenging the constitutionality of Proposition 8, California's ban on same-sex marriage, supporters of Prop 8 have filed papers seeking to have one of the judges on the appellate panel disqualify himself.  AP reports that in a filing with the court, appellants say that Judge Stephen Reinhardt's impartiality is open to question. The judge's wife, Ramona Ripston, is head of the Southern California chapter of the ACLU and in that role has been an outspoken opponent of Prop 8.  Also the ACLU has filed an amicus brief in the case on behalf of plaintiffs who are challenging the law. Reinhardt has recused himself in past cases involving the Southern California ACLU.  In August a federal district court held Prop 8 to be unconstitutional. (See prior posting.)

UPDATE: The Silicon Valley Mercury News reports that on Thursday, Judge Reinhardt refused to disqualify himself from hearing the case, saying: "I will be able to rule impartially in this appeal, and I will do so." Backers of Prop 8 will not challenge that ruling. [Thanks to Alliance Alert for the lead.]

Recent Articles of Interest

From SSRN:

• Daniel Tagliarina, Power, Privilege, and Rights: How the Powerful and Powerless Create a Vernacular of Rights, (APSA 2013 Annual Meeting Paper).
• Daniel O. Conkle, Evolving Values, Animus, and Same-Sex Marriage, (Indiana Law Journal, Volume 89 (January 2014, Forthcoming)).
• James G. Dwyer, The Parental Choice Fallacy in Education Reform Debates, (Notre Dame Law Review, Vol. 87, No. 5, 2012).
• Dan E. Stigall, The Civil Codes of Libya and Syria: Hybridity, Durability, and Post-Revolution Viability in the Aftermath of the Arab Spring, (Emory International Law Review, Vol. 28, No. 1, 2014).
• Carolyn M. Evans & Anna Hood, Religious Autonomy and Labour Law: A Comparison of Jurisprudence of the United States and the European Court of Human Rights, (Oxford Journal of Law and Religion, Volume 1, Issue 1, 2012).
• Michael J. Perry, Interrogational Torture as a Human Rights Issue: A Brief Further Reflection on the Morality of Human Rights, (August 29, 2013).
• Zvi H. Triger, The Self-Defeating Nature of 'Modesty'-Based Gender Segregation, (Israel Studies, Vol. 18, No. 3, pp. 19-28 (2013)).

From SmartCILP:

• Jennifer L. Bursch & Cassie Cox (student), Qualified Immunity and the Application of Pearson: C.F. ex rel. Farnan v. Capistrano Unified School District, 5 Regent Journal of Law & Public Policy 85-109 (2013).
• James A. Davids, The Establishment Clause and Public Funding of Religious Colleges, 5 Regent Journal of Law & Public Policy 11-83 (2013).
• Patrick T. Gillen, A Winn for Originalism Puts Establishment Clause Reform Within Reach, 21 William & Mary Bill of Rights Journal 1107-1151 (2013).

Recent Articles of Interest

From SSRN:

• Carolyn Sharp, A Heart-Centered Defense, (March 18, 2023).
• Miranda McGowan, The Democratic Deficit of Dobbs, (Loyola University Chicago Law Journal, (forthcoming 2023)).
• Deborah Hellman, Defining Disparate Treatment: A Research Agenda for Our Times, (Indiana Law Review, Forthcoming).
• Francesca Laguardia, Pain That Only She Must Bear: On the Invisibility of Women in Judicial Abortion Rhetoric, (Journal of Law and the Biosciences, Volume 9, Issue 1, January-June 2022, lsac003).
• Carlos A. Ball, Balancing Abortion, (Santa Clara Law Review, Vol. 63, 2023, Forthcoming).
• Gerard Letterie & Dov Fox, Legal Personhood and Frozen Embryos: Implications for Fertility Patients and Providers in Post-Roe America, (Journal of Law and the Biosciences, Vol. 10 (2023)).
• Kyle Velte, The Supreme Court's Gaslight Docket (March 30, 2023).
• Sara Friedman & Chao-Ju Chen, Same-Sex Marriage Legalization and the Stigmas of LGBT Co-Parenting in Taiwan, (Law & Social Inquiry, 1-29 (2022).
• Shea Esterling, The Journey Home: The Repatriation of the Maaso Kova, (27 American Society of International Law Insights 3 (March 2023)).
• Rosemary Teele Langford & Miranda Webster, The Australian Charitable Incorporated Organisation: A Reform Proposal, ((2023) 39 Company and Securities Law Journal 347).

From SmartCILP:

• M. Mehdi Ali, Shi'i Legal Discourses in Iraq and Lebanon: Exploring the Intersection of Juristic Rulings and State Legal Regimes, 45 Loyola Los Angeles International & Comparative Law Review 249-280 (2022).

9th Circuit Hears Oral Arguments By Proposition 8 Backers For Disclosure Exemption

On Friday, the U.S.9th Circuit Court of Appeals heard oral arguments in ProtectMarriage.com - Yes on 8 v. Bowen. (Audio of full arguments.) As reported by the San Francisco Chronicle, at issue is the attempt by backers of California's 2008 Proposition 8 to avoid California's required filing of the names of contributors of $100 or more to the campaign to pass the now-overturned Prop 8 ban on same-sex marriage. Appellants say that backers have already suffered vandalism, hate mail, boycotts and death threats. While the names of contributors have already been released by state court order, appellants want the federal court to order the state to remove the names from its website, seal its files, and grant a filing exemption for future elections.

Former Miss California USA Sues Claiming Religious Discrimination

Former Miss California USA, Carrie Prejean, yesterday filed a lawsuit in a California state court against Miss California pageant officials accusing them of religious discrimination, as well as defamation , disclosure of private medical facts and intentional and negligent infliction of emotional distress. Prejean's title was taken away in June 2009, allegedly for breach of contract. The complaint (full text) in Prejean v. Lewis, (Los Angeles Superior Ct., filed 8/31/2009), alleges in part that defendants violated California's Unruh Civil righs Act (CA Civil Code Sec. 51) by conspiring to have Prejean dismissed as Miss California USA because she insisted on publicly expressing her religious beliefs opposing same-sex marriage. Entertainment Tonight reports on the lawsuit. (See prior related posting.)

Religious Advocacy Groups Issue Statements On Kagan Nomination

A number of religious advocacy groups have issued statements commenting on President Obama's nomination of Elena Kagan to the U.S. Supreme Court. The Baptist Joint Committee said it hopes Kagan, if confirmed, "will protect our most fundamental freedom — religious freedom — with a commitment to principles of both no establishment and free exercise embodied in our 'first freedom'." Catholic Families for America opposed the nomination, saying it had "'grave concerns' about her promotion of same-sex 'marriage' and abortion, as well as a 'dangerous internationalism' that has become fashionable among leftist jurists." The American Jewish Committee welcomed the nomination, saying: "We commend President Obama on nominating Elena Kagan, whose strong legal credentials make her a worthy candidate for the U.S. Supreme Court."

Americans United for Separation of Church and State said: "We simply don’t know much about Elena Kagan’s views on church-state separation.... It's the job of the Senate Judiciary Committee to fill in the picture by asking her questions about how religion and government should interact." Liberty Counsel also raised questions: "The Senate should press hard to question Elena Kagan on her judicial philosophy. The public deserves to know whether Kagan will use her transnational law philosophy as a lens through which she views the Constitution. And the public needs to know whether her personal views will trump the Constitution, as they appeared to do when she banned military recruiters from campus."

The Jewish Council for Public Affairs release said: "Supreme Court nominees should be held the highest standard and be fully committed to protecting justice for all and our nation's core values described in the Constitution and the Bill of Rights.... We encourage Senators to give Ms. Kagan full and fair consideration and hope all sides keep discussions and debate civil." The Muslim Public Affairs Council said: "We call upon Ms. Kagan, if she is confirmed, to follow in the footsteps of Justice Stevens in his commitment to preserving individual freedoms, checking executive power, and upholding the rule of law which have made America a better place for over 35 years."

Arizona Legislature Passes RFRA Amendments To Allow Businesses To Refuse To Serve Gays On Religious Grounds

The Arizona legislature on Thursday passed and sent to the governor SB 1062 which amends the state's Religious Freedom Restoration Act to extend its coverage to the exercise of religion by corporations and other business organizations. The bill also provides that its protections may be asserted in lawsuits even if the government is not a party. (Background form Arizona Center for Policy.) The controversial bill is designed to permit businesses that oppose homosexuality or same-sex marriage on religious grounds to refuse to provide goods or services if it violates their religious beliefs. ABC News reports that Gov. Jan Brewer is still deciding whether or not to sign the bill. Some suggest that if the controversial bill becomes law, it could lead to boycotts in connection with the Super Bowl scheduled for Arizona next year. AP reports further on the legislation.

Michigan Anti-Bullying Bill Criticized Over Religious Exemption

Michigan is one of three states without an anti-bullying law. Currently, Matt's Safe School Law, SB 45, is working its way through the state's legislature. ABC News reports that the state Senate passed the bill last Wednesday, but added a controversial exemption that provides the bill "does not prohibit a statement of a sincerely held belief or moral conviction." Columnist Dan Savage strongly criticized the exemption, saying:

It really is a God-hates-fags-special-rights-for-Christians-to-abuse-LBGT-kids-in-the-school law. It's a law that specifically empowers students, teachers, administrators [and] principals to bully LGBT kids if they can point to a moral justification."

Bill sponsor Rick Jones says this language was not intended to allow a child to be confronted or abused, but was merely designed to protect the child who says in class that his religion does not believe in same-sex marriage.  Jones says he is open to the language being changed, so long as students' 1st Amendment rights are protected.


UPDATE: The Michigan House of Representatives on Nov. 10 passed HB 4163, a version of the anti-bullying law that does not contain the language exempting statements motivated by religious or moral beliefs. (Huffington Post.)

7th Circuit: Ministerial Exception Doctrine Applies To State Tort Claims

In Starkey v. Roman Catholic Archdiocese of Indianapolis, Inc., (7th Cir., July 28, 2022), the U.S. 7th Circuit Court of Appeals held that the the Co-Director of Guidance at a Catholic high school was a "minister" for purposes of the ministerial exception doctrine. It went on to hold that the ministerial exception doctrine applies to state tort claims against the Archdiocese for Interference with Contractual Relationship and Intentional Interference with Employment Relationship. In the case, the school refused to renew its contract with Lynn Starkey, who had been employed by the school for nearly forty years, after the school learned of Starkey's same-sex marriage. Starkey sued both the school and the Archdiocese. Summarizing its holding, the court said in part:

Starkey was a minister because she was entrusted with communicating the Catholic faith to the school’s students and guiding the school’s religious mission. The ministerial exception bars all her claims, federal and state.

Becket issued a press release discussing the decision.

Ted Kennedy Laid To Rest; His Complex Relationship With Catholic Church Is Explored

A funeral mass (background) was recited yesterday for Sen. Edward M. Kennedy (Boston Herald), with Cardinal Sean P. O’Malley, archbishop of Boston, in attendance (Boston Globe). Kennedy has been described by Tim Rutten in the Los Angeles Times as "America's most famous Catholic politician and its most visible link to the bonds of identity and solidarity that have for so long joined Catholics to the Democratic Party." President Obama delivered a eulogy (full text) at the funeral mass, held at the Basilica of Our Lady of Perpetual Help in Boston. As Kennedy was buried, the media carried a number of stories about his complicated relationship with the Catholic Church. Kennedy's support for abortion rights and same-sex marriage has drawn strong criticism from many Catholic leaders, and some pro-life advocates have argued that his stance on abortion should have disqualified him from having a public Catholic funeral mass. (Lifesite News).

At Kennedy's burial service at Arlington National Cemetery, retired Washington Cardinal Theodore McCarrick read long excerpts from a letter that Kennedy sent to Pope Benedict XVI last month and from the Pope's response. (Politics Daily.) The letter from Kennedy, hand delivered by President Obama during his July meeting with the Pope, asked the Pontiff to pray for the Senator's health. In the letter, Kennedy also reiterated his commitment to health care reform and said he believes in conscience protection for Catholics in the health care field. The Pope's response through a senior Vatican official, two weeks later, expressed the Pontiff's concern for Kennedy and said in part: "His Holiness prays that in the days ahead you may be sustained in faith and hope, and granted the precious grace of joyful surrender to the will of God our merciful Father." Meanwhile Time Magazine notes while the Vatican's official newspaper L'Osservatore Romano has reported on Kennedy's death, noticeably absent is a statement directly from the Pope.

Kentucky Clerk Continues To Refuse To Issue Marriage Licenses, Despite Injunction

Continuing to maintain her religious objections to issuing marriage licenses to same-sex couples, Rowan County, Kentucky Clerk Kim Davis yesterday filed with the federal district court a motion (full text) to stay the court's Aug. 12 preliminary injunction pending appeal. (See prior posting.) Meanwhile, as reported by AP, Davis' office continued to refuse to issue marriage licenses. Staff said Davis was on vacation, and others in the office also authorized to issue licenses refused to do so.  The staff handed one couple a Post-it note with the phone number of Davis' lawyers, Liberty Counsel. Attorneys for plaintiffs in the case are considering asking the court to hold Davis in contempt.