U.S. Supreme Court Opens New Term with Cert. Denials; Red Mass Yesterday

The U.S. Supreme Court's new term began today. Yesterday in Washington the annual Red Mass marking the opening of the Supreme Court's new term-- hosted by the D.C. Archdiocese and the John Carroll Society-- was held at the Cathedral of St. Matthew the Apostle. (Video of full Red Mass). According to the Washington Post, Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett were in attendance.

Today, the Supreme Court issued its typical very lengthy first Order List of the Term, denying review in several hundred cases.  Among them were:

Becerra v. State of Texas, (Docket No. 23-1076, certiorari denied 10/7/2024). In the case, the U.S. 5th Circuit Court of Appeals affirmed an injunction issued by a Texas federal district court barring enforcement of a Guidance document on emergency abortion care issued by the Department of Health and Human Services. (See prior posting.) The HHS Guidance to hospitals (and accompanying Letter) stated that the federal Emergency Medical Treatment & Labor Act requires hospital emergency rooms to perform certain abortions, even when they violate Texas law, when an abortion is the stabilizing treatment necessary to resolve an emergency medical condition. AP reports on the denial of review.

Young Israel of Tampa v. Hillsborough Regional Transit, (Docket No. 23-1276, certiorari denied 10/7/2024). In the case, the U.S. 11th Circuit Court of Appeals held unconstitutional a public transit agency's policy on the sale of advertising space on its vehicles and property.  (See prior posting.) The agency prohibited ads that "primarily promote a religious faith or religious organization." Applying this policy, the transit agency rejected an ad from plaintiff promoting a "Chanukah on Ice" event.

Hile v. State of Michigan, (Docket No. 23-1084, certiorari denied 10/7/2024). In the case, the U.S. 6th Circuit Court of Appeals held that an amendment placed in the Michigan Constitution in 1970 that prohibits public funds from being used to aid private or religious schools does not violate the equal protection rights of parents who cannot use Michigan Educational Savings Program to send their children to religious schools. (See prior posting.) The Hill reports on the Supreme Court's action.

Recent Articles of Interest

From SSRN:

• Io Jones, The IVF Exception: Strengthening Free Exercise Challenges to Abortion Bans, (UC Law Constitutional Quarterly, Volume 52, Issue 3 (forthcoming February 2025)).
• Netta Barak Corren & Noam Shlomai Kunitz, Minimalism, Law, Ideology, and the Public Impact of the Supreme Court, (Journal of Law and Empirical Analysis, (volume 1, issue 2, 2024)).
• P. Saliya Sumanatilake, ‘Dhamma’ – The Grundnorm of Sri Lanka’s ‘Living Law’, (August 19, 2023).
• Maria Francesca Cavalcanti, Varieties of Constitutionalism and Religion: Greece, Israel and Lebanon in Comparison, (European Yearbook of Constitutional Law (EYCL), Vol. 6 (forthcoming)).
• Katie R. Eyer, Title IX in the Age of Textualism, (86 Ohio State L. J. __ (forthcoming, 2025)).
• Naomi Schoenbaum, Rethinking Sex as Biology Under Equal Protection, (U.C. Davis Law Review (2024), Forthcoming).
• Samiul Hasan, European Colonization of the Abode of Peace: Engineered Insecurity in Muslim Majority Countries, (August 24, 2024).
• Sunil Sondhi, Hindu Law in Greater India Ancient Roots of Indigenous Law, (August 29, 2024).

Pregnancy Centers Sue California AG To Stop Enforcement of Business Fraud Statutes Against Them

Suit was filed last week in a California federal district court by a California anti-abortion pregnancy center and a Christian organization of pregnancy centers challenging the California attorney general's attempts to apply the state Business Fraud statutes to plaintiffs' promotion of abortion pill reversal. The 86-page complaint (full text) in National Institute of Family and Life Advocates v. Bonta, (CD CA, filed 10/2/2024), alleges that the Attorney General's enforcement threats violate plaintiffs' free speech and free exercise rights, saying in part:

12. Plaintiffs here ... wish to truthfully inform the public that it may be possible to counteract the first abortion drug’s lethal effects if women change their minds and seek treatment within the first three days after taking it. 

13. Plaintiffs wish to say the same (and similar) things about APR that the other nonprofits have. But the Attorney General’s actions show that if they do, they may be subject to injunctions, civil penalties of up to $2,500 per “violation,” and potential jail time....

18. The Attorney General says he supports a woman’s right to choose whether to keep her pregnancy, yet he seeks to deprive a woman who changes her mind, or who was coerced or tricked into taking the first abortion drug, of truthful information about a safe and effective way to save her pregnancy. 

19. The Constitution protects Plaintiffs’ right to speak to the public and women about lawful medical treatments provided by licensed medical professionals.  

20. This action seeks to enjoin the Attorney General from targeting, chilling, and punishing Plaintiffs’ speech about APR and a declaration that his actions violate Plaintiffs’ First and Fourteenth Amendment rights to speak freely, to practice their religion, and to due process under the law.

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

Oklahoma Specs for Classroom Bibles Apparently Limited To 2 Versions Endorsed by Donald Trump [UPDATED]

As previously reported, last June the Oklahoma State Superintendent of Public Instruction issued a Memo to all public-school superintendents in the state requiring them to incorporate the Bible into their schools' curriculum. On Wednesday, the Oklahoma State Department of Education issued a Request for Proposal for the purchase of 55,000 Bibles for Oklahoma classrooms. The RFP specified that bids must be for 

King James Version Bibles that contain The United States Pledge of Allegiance, The U.S. Declaration of Independence, The U.S. Constitution, and The U.S. Bill of Rights documents.

The Oklahoman reported yesterday: 

A salesperson at Mardel Christian & Education searched, and though they carry 2,900 Bibles, none fit the parameters. 

But one Bible fits perfectly: Lee Greenwood’s God Bless the U.S.A. Bible, endorsed by former President Donald Trump and commonly referred to as the Trump Bible. They cost $60 each online, with Trump receiving fees for his endorsement. 

Mardel doesn’t carry the God Bless the U.S.A. Bible or another Bible that could meet the specifications, the We The People Bible, which was also endorsed by Donald Trump Jr. It sells for $90.

According to The Hill, a spokesperson for the Superintendent of Public Instruction:

There are hundreds of Bible publishers and we expect a robust competition for this proposal.

UPDATE: On Nov. 7, the Oklahoma State Department of Education amended its RFP (Attachment A) to provide that the bibles covered by the bid may have the Pledge of Allegiance, Declaration of Independence, Constitution, and Bill of Rights bound separately rather than bound together with the Bible. This presumably opens bidding to many additional publishers. It also extends the deadline for submitting bids. Los Angeles Times reports on the change.

Organization Did Not Show That Its Anti-Abortion Views Are Religious Beliefs

In Oregon Right to Life v. Stolfi, (D OR, Sept. 30, 2024), an Oregon federal district court refused to issue a preliminary injunction against Oregon's requiring Oregon Right to Life to cover abortion and certain contraceptives in its employee health plan. The organization asserted a 1st Amendment free exercise claim.  The court said in part:

... Plaintiff is not affiliated with any religious practice or institution and does not have any religious requirement for being an employee or director.  The “specific purpose” and “personal life perspectives” that Plaintiff’s directors are required to subscribe to is free of any religious elements, requiring only that they subscribe to a belief in the importance of human life and oppose abortion, euthanasia, assisted suicide, and “life-destroying research.”  As noted, Plaintiff has over 25,000 members, who are not required to subscribe to any religious belief and are responsible for electing two members of Plaintiff’s board of directors.  Other than a fleeting reference to “Judeo-Christian ethics,” there is nothing in the articles of incorporation that would suggest any religious element in Plaintiff’s organization.   

There are many reasons why an individual or entity might oppose abortion and contraception, which range from deeply held religious conviction to the purely philosophical.  Plaintiff asserts in this litigation that its reasons, as an organization, are religious, but that assertion is not fully supported by the record.  It is not necessary for the Court, at this early stage of the case, to conclusively resolve whether Plaintiff’s beliefs are, in Plaintiff’s own scheme of things, religious.  But the Court’s review of Plaintiff’s organizational documents and requirements for membership, employment, and leadership cast doubt on whether Plaintiff’s opposition is genuinely religious in nature.  This doubt undermines Plaintiff’s showing of likely success on the merits.  

Defendant also challenges whether Plaintiff actually holds the beliefs professed in the Complaint.  As noted, a major aspect of Plaintiff’s objection the RHEA mandate is the provision of certain forms of contraception.  Plaintiff has maintained a health benefit plan through Providence Health Plans since 2015, years prior to the passage of the RHEA, and now objects that Providence Health Plans is not acceptable to them because it covers challenged forms of contraception.  The fact that Plaintiff maintained benefits through Providence Health Plans prior to the passage of the RHEA, despite its provisions concerning contraception, likewise casts doubt on Plaintiff’s claim.

Parents Must Be Given Right to Opt 1st Graders Out of Instruction on Transgender Issues

In a 94-page opinion in Tatel v. Mt. Lebanon School District, (WD PA, Sept. 30, 2024), a Pennsylvania federal district court held that a first-grade teacher violated parents' substantive due process and free exercise rights by introducing students to transgender issues without first giving parents the right to opt their children out of that instruction. The court said in part:

Concerns about undercutting parental authority are heightened when the children are in first grade and the person trying to influence them is their teacher.... The students’ confusion in this case illustrates how difficult it is for a first-grader when a teacher’s instruction conflicts with their Parents’ religious and moral beliefs. The heart of parental authority on matters of the greatest importance within their own family is undermined when a teacher tells first-graders their parents may be wrong about whether the student is a boy or a girl....

... Defendants failed to provide Tatel and Melton notice and the ability to opt their children out of Williams’ transgender agenda, even though Tatel’s and Melton’s objections to the instruction were based on their religious beliefs.  Defendants ratified the lack of parental notice and opt out rights, while providing parental notice and the ability to opt out for numerous other secular or religious reasons.... 

Defendants did not establish a compelling basis for refusing to provide notice and opt out rights for parents of first-graders affected by Williams’ transgender instruction.  ...

Refusing to allow notice and opt outs for religious and fundamental parental rights objections to transgender topics, i.e., forcing young children to be exposed to particular instruction over the objections of unwilling parents, while permitting notice and opt outs for other sensitive topics – is not neutral and constitutes an improper use of governmental authority....

Georgia's 6-Week Abortion Ban Declared Unconstitutional

In Sistersong Women of Color Reproductive Justice Collective v. State of Georgia, (GA Super. Ct., Sept. 30, 2024), a Georgia state trial court held unconstitutional under the state constitution Georgia's ban on abortions once a fetal heartbeat is detected (usually around 6 weeks). The court said in part:

Before the LIFE Act, Georgia law required a woman to carry to term any fetus that was viable, that had become something that -- or more accurately someone who -- could survive independently of the woman.  That struck the proper balance between the woman’s right of “liberty of privacy” and the fetus’s right to life outside the womb.  Ending the pregnancy at that point would be ending a life that our community collectively can and would otherwise preserve; no one person should have the power to terminate that.  Pre-viability, however, the best intentions and desires of society do not control, as only the pregnant woman can fulfill that role of life support for those many weeks and months.  The question, then, is whether she should now be forced by the State via the LIFE Act to do so?  She should not.  Women are not some piece of collectively owned community property the disposition of which is decided by majority vote.  Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have....

For these women, the liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability.  It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could -- or should -- force them to serve as a human tissue bank or to give up a kidney for the benefit of another...

Anticipating the virtually certain appeal, the court went on to conclude that even if it is mistaken about the constitutionality of the 6-week ban, the exception for physical health emergencies, but not mental health ones, violates the equal protection clause of the Georgia constitution. It also found unconstitutional the provision of the act making health records of women obtaining abortions available to the district attorney. However, it held that if the 6-week ban is constitutional, the conditioning of the rape or incest ban on a police report having been filed is constitutional.  CNN reports on the decision.

Recent Articles of Interest

From SSRN:

• Lael Daniel Weinberger, The Origins of Church Autonomy: Religious Liberty After Disestablishment, (August 22, 2024).
• Ahmer Bilal Soofi & Muhammad Masud, International Law and Maqasid Al-Shariah, (August 26, 2024).
• Queen Kivuva, Circumventing Secularism? Investigating Religious Intolerance in the Post Constitution 2010 Era, (August 08, 2024).
• Omar Farque, Islamic International Law ('Siyar') as a Source of International Law: An Overview of Its Role in the Development of Modern International Law, (Proceedings of the 4th NSRIC International Conference on Sustainable Education, Liberal Arts and Social Science (ICSELASS) 2024 held on April 25 – 26, 2024 in Toronto, Canada).
• Anas Jameel & Waseem Ahmed, The Dilemma of Indian Secularism (September 07, 2023).

From SmartCILP:

• Mell Chhoy, et. al., Freedom of Expressive Association and Discrimination on the Basis of Sexual Orientation, 25 Georgetown Journal of Gender & Law 545-568 (2024).
• Rob Hopkirk, Lindsay Sergi & Julia Sturges, Religious Exemptions, 25 Georgetown Journal of Gender & Law 941-972 (2024).
• Yehya Badr, Religion, Colonialism, and Legal Pluralism: The Story and Legacy of the Egyptian Choice of Law Rules for Personal Status and International and Interpersonal Conflicts of Law, [Abstract], 31 Indiana Journal of Global Legal Studies 1-60 (2024).
• Julian Velasco, A Catholic Defense of Corporate Law and Practice, 38 Notre Dame Journal of Law Ethics & Public Policy 1-38 (2024).
• Lucia A. Silecchia, A Critique of Guardianship Theory from the Perspective of Catholic Thought: The Tension between the Duty to Protect and Preservation of Legal Autonomy, 38 Notre Dame Journal of Law Ethics & Public Policy 87-128 (2024).

West Virginia Ban on Churches Incorporating Violates 1st Amendment

In Hope Community Church v. Warner, (ND WV, Sept. 26, 2024), a West Virginia federal district court held that the West Virginia constitutional provision that bars churches from incorporating is unconstitutional.  The court said in part:

Because Article VI, Section 47 of the West Virginia Constitution that reads, in part, “[n]o charter of incorporation shall be granted to any church or religious denomination,” the Court finds it is not neutral or generally applicable, and it does not further a compelling government interest. Furthermore, the Court holds this provision violates the Church’s First Amendment rights to the free exercise of religion, which is applicable to the States through the Fourteenth Amendment.

[Thanks to Eugene Volokh via Religionlaw for the lead.] 

9th Circuit En Banc Hears Fraud Claim Against LDS Church

On Tuesday, the U.S. Court of Appeals for the 9th Circuit sitting en banc heard oral arguments in Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (Video of full oral arguments.) In the case, James Huntsman, a prominent former member of the LDS Church who had contributed over $2.6 million to it, charged the Church with fraudulently misrepresenting the manner in which funds from tithes would be used. Huntsman says that the Church used tithed funds to finance a shopping mall and bail out of for-profit life insurance company after representing that the funds would not be used for commercial projects. A 3-judge panel of the 9th Circuit rejected the Church's claim that the suit was barred by the ecclesiastical abstention doctrine. (See prior posting.) Deseret News reports in detail on the oral arguments.

FBI Releases 2023 Hate Crime Statistics

Last Monday, the FBI released Hate Crime Statistics for the United States for 2023. A Department of Justice release summarizes the data, and a table released by the FBI shows greater detail. There were 11,862 hate crime incidents in total reported for the year, of which 22.5% (2699 incidents) were crimes motivated by religion. Of the religion-motivated crimes, 1,832 were anti-Jewish.  The next largest numbers motivated by one of the 11 specific religions reported were 236 anti-Muslim, 156 anti-Sikh and 77 anti-Catholic. The total number of hate crimes reported reflects a 2% rise from the 11,634 incidents reported for 2022. The number of religiously-motivated hate crimes reflects a 32% rise from the 2,042 incidents reported for 2022. Anti-Jewish hate crimes rose 63% from the 1,122 incidents reported in 2022. (See prior posting.)

Court Refuses to Stay Discovery in Gay Teacher's Title VII Suit Against Catholic School

In Califano v. Roman Catholic Diocese of Rockville Centre, New York, (ED NY, Sept. 24, 2024), a New York federal district court refused to stay discovery in a Title VII sex discrimination suit brought by an openly gay math and English teacher at a Catholic elementary school. The court said in part:

... [A]t the motion to dismiss stage, “a [p]laintiff only has a minimal burden of alleging facts suggesting an inference of discriminatory motivation.”...

Plaintiff has plainly satisfied this standard.  Here, Plaintiff never received any criticisms about his job performance.  Instead, the Complaint alleges he was terminated based exclusively on his sexual preference after Defendants saw a social media post of him kissing his partner— another male.  More importantly, there is direct evidence for the termination: Defendants’ own personnel alluded to his homosexuality as a reason for the termination....

... [T]he question of application of the ministerial exception is fact specific.  That said, resolution on a motion to dismiss would be inappropriate....

... Plaintiff’s duties are not as intertwined with religious doctrine.  He was not a rabbi, priest, or member of the clergy with formal doctrinal training.  Therefore, deciding his Title VII claim would not impinge on the church autonomy doctrine and Defendants’ defense fails.  And here, Defendants fail to point to demonstrate that they would have fired Plaintiff even in spite of his identifying as a homosexual male....  

Although the ministerial and church autonomy doctrines appear to be inapplicable to Plaintiff’s claim, at the very least, discovery is necessary to proceed with this case--namely to discern whether the exceptions even apply to Plaintiff’s role as a Math and English teacher here.

New Ukrainian Law Targets Ukrainian Orthodox Church for Ties to Russia

Forum 18 reports that Ukraine's Law No. 3894-IX (full text in Ukrainian) signed into law on August 24 came into force on Monday. According to the report:

The Law bans the Russian Orthodox Church – Moscow Patriarchate (ROC) for its justification and proactive support of Russia's invasion of Ukraine. The Law identifies the ROC as a part of the Russian state and an accomplice, a partner in the war crimes committed by the Russian regime. It also establishes a legal mechanism to liquidate Ukrainian religious organisations which are either affiliated with the ROC, or affiliated with a religious organisation affiliated with the ROC. Affiliations with other Russian religions supporting the Russian aggression against Ukraine are also prohibited. The language of the Law – especially the criteria defining ROC affiliation ¬– makes it clear that the main target is the Ukrainian Orthodox Church (UOC).

EEOC Rules on Accommodating Abortions and Barring Transgender Discrimination Burden Religious Exercise of Catholic Diocese

In Catholic Benefits Association v. Burrows, (D ND, Sept. 23, 2024), a North Dakota Catholic diocese and a Catholic organization supporting Catholic employers challenged rules of the Equal Employment Opportunity Commission promulgated under the Pregnant Workers Fairness Act, as well as Enforcement Guidance issued by the agency relating to discrimination on the basis of gender identity.  In the case, a North Dakota federal district court issued a preliminary injunction barring the EEOC from enforcing against plaintiffs requirements that they accommodate employees' abortions or infertility treatments that are contrary to the Catholic faith. It also enjoined the EEOC from enforcing anti-harassment provisions in a way that would require plaintiffs to speak or refrain from speaking in favor of abortion, fertility treatments, or gender transition when such is contrary to the Catholic faith; require plaintiffs to use pronouns inconsistent with a person's biological sex; or allow person to use private spaces reserved for the opposite sex. The court said in part:

It is a precarious time for people of religious faith in America. It has been described as a post-Christian age.... One indication of this dire assessment may be the repeated illegal and unconstitutional administrative actions against one of the founding principles of our country, the free exercise of religion.  

The current suit falls into a long line of cases that should be unnecessary in a country that was built on the concept of freedom of religion. Unfortunately, these cases are essential for faithful individuals where government mandates run counter to core religious beliefs. One would think after all this litigation, the government would respect the boundaries of religious freedom. Instead, it seems the goal may be to find new ways to infringe on religious believers’ fundamental rights to the exercise of their religions....

The CBA has detailed its sincerely held beliefs about human sexuality and procreation.... This belief includes a witness that these actions are immoral.... At the very least its actions would violate the retaliation provision because the employee would be fired for violating the Catholic faith by asking for an accommodation for the conduct at issue here. Because the interpretations of PWFA and Title VII threaten litigation for adhering to sincerely held beliefs, these guidelines and the underlying statutes place a substantial burden on the exercise of religion.

News From the States reports on the decision. [Thanks to several readers for the lead.] 

State RFRA Bars Taxpayer Suit Challenging Church's Property Tax Exemption

 In In re Calvary Chapel Iowa, (IA Adm. Hearings Div., Sept. 17, 2024), an Iowa Administrative Law Judge held that the state's Religious Freedom Restoration Act protects churches from taxpayer suits challenging their property tax exemptions.  The ALJ said in part:

The issue in this case is whether as a matter of statutory (not constitutional) law individuals can use the taxpayer-standing provision of Iowa Code section 427.1 to force a religious organization into litigation and spend the time and resources to prove its entitled to its property-tax exemption already claimed by it.  Prior to the enactment of the Iowa Religious Freedom Restoration Act (“RFRA”) the answer was an unequivocal yes (with individuals having done precisely this for at least a generation); however, with the passage of RFRA, the answer now appears to be no at least under the circumstances of this case. 

As discussed below, this is because this type of litigation imposes a substantial burden on the exercise of religion and because the State’s compelling interest in the appropriate administration of tax law can be met with the lesser restrictive means of having the State (with its constitutional and statutory constraints) enforce tax law.  To hold otherwise would be to allow the unaccountable political opponents of a church the option to use the power of the State to target and/or retaliate against the religious organization for the organization’s activities, thereby creating a chilling effect not only on that specific religious group but also all other similarly oriented religious organizations.  This is precisely the type of religious interference that RFRA was designed to prevent, and until the judiciary provides different guidance on the scope of RFRA, this case must be dismissed.

Christian Post reports on the decision.

10th Circuit Hears Oral Arguments in Fraud Suit Against LDS Church

Yesterday, the U.S. 10th Circuit Court of Appeals heard oral arguments (audio of full arguments) in Gaddy v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. In the case, a Utah federal district court dismissed a Second Amended Complaint in a class action lawsuit brought by former members of the LDS Church. The suit alleged that the Church has fraudulently misrepresented its founding to its members while its leaders did not have a sincere religious belief in the narrative. It also alleged that the Church made fraudulent misrepresentations about the use of money received from members' tithing. (See prior posting.) Courthouse News Service reports at greater length on the oral arguments.

Missouri Supreme Court Issues Opinions Supporting Prior Order on Abortion Ballot Measure

As previously reported, on September 14 the Missouri Supreme Court ruled that the Missouri's Right to Reproductive Freedom amendment must appear on the November ballot, reversing a decision by a trial court. It indicated that opinions supporting its order would follow. Now the Court has filed those opinions.  In Coleman v. Ashcroft, (MO Sup. Ct., Sept. 20, 2024), the Missouri Supreme Court in a 4-3 decision held that petitions proposing a state constitutional amendment only need to identify existing sections of the state constitution that are inconsistent and irreconcilable with the proposed amendment. Petitions need not identify all statutes that might later be declared invalid if the proposed amendment is approved. The court also held that the proposed amendment does not violate the state constitution's single subject requirement.

Judge Powell issued a concurring opinion.  Judge Broniec, joined by Judges Fischer and Gooch, filed a dissenting opinion contending that Missouri law also requires petitions to list existing statutes that would be in direct conflict with the proposed constitutional amendment.

6th Circuit Rules on Christian Plaintiffs' Standing to Challenge Michigan's Civil Rights Acts

In Christian Healthcare Centers, Inc. v. Nessel, (6th Cir., Sept. 20, 2024), a Christian membership-based medical service ministry and two Catholic K-12 schools challenged prohibitions on sexual orientation and gender-identity discrimination under Michigan's public accommodation law (EAA) and its Elliot-Larsen Civil Rights Act. The U.S. 6th Circuit Court of Appeals found that plaintiffs had standing to seek an injunction only as to some of their challenges. The court summarized its holding:

In these three related cases, Plaintiffs allege that Michigan’s laws chill their speech and conduct in violation of the First and Fourteenth Amendments.  The district court dismissed each case for want of standing, reasoning that no Plaintiff had shown that Michigan’s laws arguably proscribed its speech or conduct and that, in the alternative, there was no credible threat that Michigan would enforce its laws against any Plaintiff.

We agree only in part....

We express no view regarding the merits of any claim, the appropriate resolution on remand of the motions for preliminary relief, or what conclusions might be warranted concerning any issue after discovery.  We hold only that (a) no Plaintiff has established standing to challenge the EAA, (b) Christian Healthcare has plausibly established standing to challenge the ELCRA’s public-accommodation provision, employment provision, and the publication clauses of each provision, (c) Sacred Heart has plausibly established standing to challenge the same provisions, the ELCRA’s education provision, and the publication clause of that provision, and (d) St. Joseph has failed to plausibly establish standing.

Judge Murphy filed a concurring opinion.

Recent Articles of Interest

From SSRN:

• Mark Satta, Same-Sex Wedding Service Refusals and Obergefell's "Decent and Honorable" Dicta, (Wayne State University Law School Research Paper (forthcoming)).
• Thomas Charles Berg, Religious Liberty in a Polarized Age: Introduction, (in Religious Liberty in a Polarized Age, (Eerdmans Publishing 2023)).
• P. Saliya Sumanatilake, Might Buddhist Tenets Be Shown to Have Founded or Substantially Influenced Any Doctrine of Western Jurisprudence?, (August 19, 2023).
• Rabea Benhalim, Agreeing to Disagree: Abortion Jurisprudence in Jewish and Islamic Law, (B.Y.U. L. Rev.____ (2025) (forthcoming)).
• Jeremy Rovinsky, We Should Meat: A Reply To Professor Siddhanth Prasad, (10 J. Global Just. & Pub. Pol. 34, 2024).
• Andrew Hull, Caste Discrimination and the Imperfect Promise of Labor Arbitration, (31 Asian American Law Journal (Forthcoming)).
• Nicolas Garon, Veiling Laws Throughout Iranian History: The Relationship to Religion, Before and During Islamic Law, (August 22, 2022).
• Nisar Muarrah, A Comparative Analysis of Rehabilitation Principles in Islamic and Western Criminal Justice Systems, (June 20, 2024).
• James M. Oleske, Jr., Law Office History and the Unrelenting Attack on Public Accommodations Law, (32 William & Mary Bill of Rights Journal 959 (2024)).

From SmartCILP:

• Symposium, Law vs. Antisemitism, Lewis & Clark Law Review, Volume 27, Number 4, 2024.

Kentucky Governor Issues Executive Order Limiting Conversion Therapy for Minors

 After attempts to get the Kentucky state legislature to ban conversion therapy for minors failed, on Wednesday Kentucky Governor Andy Beshear issued Executive Order 2024-632 (full text) which uses executive powers available to him to limit the practice. The Executive Order provides in part:

The Cabinet for Health and Family Services shall take all actions necessary to prohibit the direct or indirect use of state and federal funds for the practice of conversion therapy on minors, referring a minor for conversion therapy, or extending health benefits coverage for conversion therapy with a minor....

Any state agency that discovers or receives a report that a provider certified or licensed to practice in Kentucky engages in conversion therapy efforts with a person under 18 years of age or performs counseling on conversion therapy as part of his training for any profession licensed under a professional certification or licensing board within the Commonwealth of Kentucky shall report that provider to the appropriate professional certification or licensing board within the Commonwealth for potential disciplinary action....

The Governor's office issued a press release announcing the signing of the Executive Order. AP reports on the Executive Order. [Thanks to Scott Mange for the lead.]