Missouri Attorney General Andrew Bailey has issued Opinion Letter No. 22-2024, (Nov. 22, 2024) outlining the extent to which the state’s restrictive abortion laws are still enforceable after voter adoption of a state constitutional amendment protecting abortion rights. The Opinion Letter was requested by Missouri Governor-Elect Mike Kehoe. The Attorney General’s Opinion Letter reads
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Texas AG Sues Church-Run Homeless Center Alleging It Has Become a Public Nuisance
Texas Attorney General Ken Paxton this week filed a lawsuit in state court against a church-run homeless center that receives over $1 million in funding from the city of Austin. The complaint (full text) in State of Texas v. Sunrise Community Church, Inc. d/b/a Sunrise Homeless Navigation Center, (TX Dist. Ct., filed 11/26/2024),…
Denial of Historic Preservation Grants to Churches Violates 1st Amendment
In The Mendham Methodist Church v. Morris County, New Jersey, (D NJ, Nov. 27, 2024), a New Jersey federal district court held that Rule 5.6.4 of New Jersey’s Historic Preservation Grant program violates the 1st Amendment’s Free Exercise Clause. Rule 5.6.4 bars grants for “property currently used for religious purposes or functions.” The Rule…
President Biden Issues Thanksgiving Proclamation
Today is Thanksgiving. Yesterday, President Biden issued the formal Proclamation (full text) declaring today as a National Day of Thanksgiving. The Proclamation reads in part:This Thanksgiving — the last one I will declare as President — I express my gratitude to the American people. Serving as President has been the honor of a…
Ohio Governor Signs Transgender Bathroom Bill
AP reports that that on Tuesday Ohio Governor Mike DeWine signed Senate Bill 104, the Protect All Students Act (full text of bill). The Act requires public and most private elementary and secondary schools as well as all public and private colleges and universities to designate multiple occupancy restrooms, locker rooms, changing rooms…
British Court Says Husband May Use IVF Embryo for Surrogate Pregnancy After Wife’s Death
In EF v. Human Fertilisation and Embryology Authority, (EWHC, Nov. 22, 2024), the England and Wales High Court (Family Division) held that Article 8 (Right to respect for private and family life) of the European Convention on Human Rights gives a court discretion to look outside of written consent forms to determine a wife’s wishes regarding…
Nominee To 3rd Circuit Who Would Have Been First Muslim Circuit Court Judge Will Not Be Confirmed by Senate
New Jersey Globe reports that President Biden’s nomination of Adeel Mangi to the U.S. Third Circuit Court of Appeals will not be approved before the current Congressional session ends. Mangi, born in Pakistan, would have been the first Muslim to sit on a federal Circuit Court. Mangi is a partner in the New York law firm…
9th Circuit Hears Arguments on Youth Ministry’s Access to State Grants
Last week (Nov. 20) the U.S. 9th Circuit Court of Appeals heard oral arguments in Youth 71Five Ministries v. Williams (video of full oral arguments). In the case, the state of Oregon canceled $410,000 in grants to Youth 71Five when the state discovered that the Ministries only hires those that share its faith. …
Missouri Trial Court Upholds State’s Ban on Gender Affirming Care for Minors
In Noe v. Parson, (MO Cir. Ct., Nov. 25, 2024), a Missouri state trial court upheld the constitutionality of Missouri’s ban on gender transition surgery for minors and its 4-year moratorium on puberty-blocking drugs and cross-sex hormones for minors for the purpose of treating gender dysphoria. It also upheld the state’s ban on the…
Food Ministry Can Move Ahead with RLUIPA and Free Exercise Claims Against City
In Gethsemani Baptist Church v. City of San Luis, (D AZ, Nov. 22, 2024), an Arizona federal district court refused to dismiss RLUIPA, 1st Amendment and state law claims brought against the city by a church that operates a Food Ministry. When the city adopted its current zoning code in 2012, it considered the…