- Mehanna v. United States, (Docket No. 13-1125). At issue was whether a citizen's political or religious speech may constitute provision of material support or resources to a Foreign Terrorist Organization. (1st Circuit's opinion in the case.)
- Freshwater v. Mount Vernon School District, (Docket No. 13-1311). In the case, the Ohio Supreme Court upheld the firing of a middle school science teacher for insubordination in failing to comply with orders to remove religious materials from his classroom. (See prior posting.)
- Pittman-Bey v. Celum, (Docket No. 13-10031). In the case, the 5th Circuit held that defendants had qualified immunity in a suit by a Muslim inmate who was not allowed to participate in Ramadan activities without first having participated in Jumu'ah services. (See prior posting.)
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, October 07, 2014
More Certiorari Denials From SCOTUS Yesterday
Thursday, August 12, 2021
Ministerial Exception Requires Dismissal Of Title VII Claims By Catholic School Guidance Counselor
In Roman Catholic Archdiocese of Indianapolis, Indiana v. Roncalli High School, Inc., (SD IN, Aug. 11, 2021), an Indiana federal district court held that the ministerial exception doctrine bars Title VII retaliation, discrimination and hostile work environment claims as well as state law claims of interference with contractual and employment relationships in a suit brought by the former Co-Director of Guidance at a private Catholic high school. 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. The court said in part:
To be sure, the court does not mean to say that divergent understandings of the religious nature of an employee's role should always be resolved in the religious employer's favor. For example, it would be difficult to credit a religious employer's claim that a custodian or school bus driver qualifies as a minister simply because the employer said so.... But this case concerns the Co-Director of Guidance ... [who] performed "vital religious duties" at Roncalli.... Employees in that position met with every student throughout the year and discussed some of the most sensitive issues in a young person's life.... Roncalli expressly entrusted Starkey with the responsibility of communicating the Catholic faith to students and fostering spiritual growth.
Becket issued a press release announcing the decision.
Monday, December 29, 2008
Huge Mass In Spain Opposes Government's Social Reforms
Saturday, October 28, 2017
British Court Upholds Removal of Christian Social Work Student Over Facebook Comments
Public religious speech has to be looked at in a regulated context from the perspective of a public readership. Social workers have considerable power over the lives of vulnerable service users and trust is a precious professional commodity.
Monday, March 02, 2015
Supreme Court Denies California Prop 8 Backers Review of Contribution Disclosure Law
Monday, December 18, 2006
New Articles and Book On Religion and Law
Jaynie R. Randall, Sundays Excepted: Originalism, the Blue Laws, and the Christian Nation, (Dec. 2006).
Nicholas Aroney, The Constitutional (In)Validity of Religious Vilification Laws: Implications for Their Interpretation, (Federal Law Review, Vol. 34, p. 287, 2006 ).
David Burnett, Atheism and the Courts, (May 2006).
From SmartCILP:
Decisions and Families: A Symposium on Polygamy, Same-Sex Marriage, and Medical Decision Making. Articles by Armand H. Matheny Antommaria, John E.B. Myers, Elizabeth B. Cooper, Christine Talbot and Irwin Altman. 8 Journal of Law & Family Studies 293-394 (2006).
New Book:
Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts, (Cambridge University Press, 2006) (Abstract).
Sunday, October 01, 2006
Competing Guides Issued For Catholic Voters
Reacting to the new voter guide issued by Catholics In Alliance, Catholic League president Bill Donohue is quoted by LifeSite News as saying: "[It] is a slick attempt to get the abortion albatross off the necks of Catholic Democrats, but it's a failed effort-the noose is still there."
Tuesday, August 15, 2006
New Voter Registration Drive In Evangelical Churches
Wednesday, November 16, 2005
Catholic Bishops Considering How To Treat Dissenting Politicians
Thursday, July 28, 2005
Alberta to Protect Officials With Religious Objections to Performing Gay Marriage
Monday, May 31, 2021
Recent Articles of Interest
From SSRN:
- Michael A. Helfand, Religious Liberty and Religious Discrimination: Where Is the Supreme Court Headed?, (2021 University of Illinois Law Review Online 98 (2021)).
- Edward J. Larson, 46 at 100: Live by Faith and Lead with Science, (2021 University of Illinois Law Review Online 184 (2021)).
- Barbara P. Billauer, The Devil and the Dice; Job and Justice: Understanding the Misfortunes of Job in light of Modern Science & Law, (May 18, 2021).
- Swargodeep Sarkar, Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs Myanmar, (Musamus Law Review, Volume 3, Issue 1, October 2020).
- Dr. Rifai Sulaiman Lebbe, Teaching Pedagogies of the Prophet Muhammad. Part 1 (May 19, 2021).
- Carlo A. Pedrioli, Goodridge v. Department of Public Health, Same-Sex Marriage, and the Massachusetts Supreme Judicial Court as Critical Social Movement Ally. (54 Loyola Los Angeles Law Review(2021)).
From SmartCILP:
- Marc Spindelman, Masterpiece Cakeshop's Homiletics, 68 Cleveland State Law Review 347-420 (2020).
Friday, December 09, 2011
9th Circuit Hears Arguments In California Proposition 8 Case
Tuesday, September 20, 2011
Court To Unseal Recording of Proposition 8 Trial
Friday, July 27, 2018
Lesbian Spouses Sue Senior Housing Community For Discrimination
Friendship Village “will permit the cohabitation of residents within a single unit only if those residents, while residing in said unit, are related as spouses by marriage, as parent and child or as siblings,” defining “[t]he term ‘marriage’ as used in this policy means the union of one man and one woman, as marriage is understood in the Bible.”The suit alleges violation of the Federal Fair Housing Act and Missouri's Human Rights Act. Friendly Atheist blog has more on the lawsuit.
Sunday, October 30, 2011
Servicemembers Sue To Challenge DOMA and Obtain Equal Spousal Benefits
Tuesday, March 12, 2013
Colorado Legislature Approves Civil Unions; Governor Expected To Sign Bill
Friday, June 07, 2019
Washington Supreme Court OK's Anti-Discrimination Law Enforcement Against Florist Opposed To Gay Marriage
The Washington Supreme Court went on to hold that challengers cited no authority to support their argument that the state's public accommodation law protects proprietors of public accommodations to the same extent as it protects their patrons, and that a balancing test should be used. The court then rejected the florist's free speech claims, saying:
The decision to either provide or refuse to provide flowers for a wedding does not inherently express a message about that wedding.The Court also rejected challengers' religious free exercise claims under the U.S. and Washington state constitutions. It concluded that even if the state constitution requires strict scrutiny, that test is met:
[P]ublic accommodations laws do not simply guarantee access to goods or services. Instead, they serve a broader societal purpose: eradicating barriers to the equal treatment of all citizens in the commercial marketplace. Were we to carve out a patchwork of exceptions for ostensibly justified discrimination, that purpose would be fatally undermined.Seattle Times reports on the decision. A press release by ADF says the floral shop owners will again ask for review by the U.S. Supreme Court. [Thanks to Tom Rutledge for the lead.]
Monday, June 04, 2018
Supreme Court In Narrow Decision Reverses Order Against Wedding Cake Baker
The Court’s precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws. Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach. That requirement, however, was not met here. When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires.In reaching that conclusion, the Court acknowledged the difficulties involved in deciding the broader issues posed by the case:
The free speech aspect of this case is difficult, for few persons who have seen a beautiful wedding cake might have thought of its creation as an exercise of protected speech. This is an instructive example, however, of the proposition that the application of constitutional freedoms in new contexts can deepen our understanding of their meaning.
One of the difficulties in this case is that the parties disagree as to the extent of the baker’s refusal to provide service. If a baker refused to design a special cake with words or images celebrating the marriage—for instance, a cake showing words with religious meaning—that might be different from a refusal to sell any cake at all....
The same difficulties arise in determining whether a baker has a valid free exercise claim. A baker’s refusal to attend the wedding to ensure that the cake is cut the right way, or a refusal to put certain religious words or decorations on the cake, or even a refusal to sell a cake that has been baked for the public generally but includes certain religious words or symbols on it are just three examples of possibilities that seem all but endless.Justice Kagan filed a concurring opinion joined by Justice Breyer. Justice Gorsuch filed a concurring opinion joined by Justice Alito. Justice Thomas filed a opinion concurring in part, joined by Justice Gorsuch.
Justice Ginsburg, joined by Justice Sotomayor, filed a dissenting opinion arguing that there was not sufficient evidence of unfair hostility by the Commission to the baker's religious beliefs.
Politico reports on the decision, as does SCOTUSblog.
Monday, June 25, 2012
Same-Sex Couple Sues NY Catholic Hospital Over Family Health Benefits
In 2011, when Governor Andrew Cuomo made the redefinition of marriage his top legislative priority, we warned not only that such action would have negative consequences for society, but also that it would infringe on the religious liberty of Catholic employers..... As we stated when the law was passed, the so-called "religious exemption" language included in the bill was insufficient to protect religious institutions.(See prior related posting.)
Friday, February 22, 2019
Tax Preparer Refuses To Prepare Joint Return For Same-Sex Couple
For four years, Bailey Brazzel says, she had employed the same tax preparer, Nancy Fivecoate of Carter Tax Service in Russiaville, Ind. Fivecoate prepared the taxes without issue each time — until this year, when Brazzel brought her new wife, Samantha.
Fivecoate declined to serve the couple, citing her religious beliefs.
This was the first year the Brazzels, who wed in July, were filing jointly as a married couple. According to Samantha, Fivecoate explained that she believed marriage was between a man and a woman and that she would therefore not be able to prepare their taxes.Indiana does not have a statewide law barring discrimination on the basis of sexual orientation. (See prior related posting.) [Thanks to Nathan Walker for the lead.]