Last week, Texas Attorney General Ken Paxton filed suit against the U.S. Department of Health and Human Services challenging two HHS privacy rules that limit entities covered by HIPPA from disclosing certain health care information about patients to state law enforcement officials. The rule adopted earlier this year (see prior posting) specifically prohibits disclosure
6th Circuit: Permit Requirement Did Not Substantially Burden Church
In Dad’s Place of Bryan, Ohio v. City of Bryan, Ohio, (6th Cir., Sept. 5, 2024), the U.S. 6th Circuit Court of Appeals refused to enter a preliminary injunction pending appeal to prevent the city from enforcing requirements that the church obtain a permit or variance before people may sleep on the first floor
RLUIPA Success Unlikely on Challenge to Denial of Special Use Permit for Jewish Retreat Center
In Fresh Start Center v. Township of Grosse Ile, (ED MI, Sept. 5, 2024), a Michigan federal district court refused to grant a preliminary injunction in a RLUIPA lawsuit challenging the denial of a variance and a special land use permit to the Fresh Start Center to operate a religious retreat center in an
Factual Issues Remain in Chaplain’s Suit Over Ouster for Anti-Trans Blog Post
In Fox v. City of Austin, (WD TX, Sept. 4, 2024), a Texas federal district court refused to grant summary judgment to either side on several claims in a suit brought by a volunteer chaplain for the Austin, Texas fire department. Plaintiff was fired because of his blog posts saying that God created each
Trial Court Says Missouri’s Abortion Rights Initiative Petitions Were Invalid
In Coleman v. Ashcroft, (MO Cir. Ct., Sept. 6, 2024), a Missouri state trial court held that the petitions used to obtain signatures to include Missouri’s Right to Reproductive Freedom amendment on the November ballot violated the provision in Missouri law that the petitions must include all sections of existing law or of the
Parents Sue Over School Policy That Places Students Together on Overnight Trips on Basis of Gender Identity
Suit was filed this week in a Colorado federal district court by parents of Jefferson County, Colorado school children challenging the district’s policy of assigning students and counselors on overnight school trips to room together on the basis of shared gender identity rather than biological sex. The complaint (full text) in Wailes v.
Missouri Appeals Court Refers Question of Church’s Duty of Supervision to State Supreme Court
In Doe v. First Baptist Church of Pierce City, Missouri, (MO App., Sept. 2, 2023), a Missouri appellate court described plaintiff’s claim:Plaintiff asserts that FBC, a Southern Baptist religious institution, had a duty to supervise the youth ministries program members, including herself, while they were transported on a church van as part of
11th Circuit: Barring Use of PA System for Pre-Game Prayers Does Not Violate 1st Amendment
In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., (11th Cir., Sept. 3, 2024), the U.S. 11th Circuit Court of Appeals rejected free speech and free exercise claims by a Christian school that was refused the use of a stadium’s public address system for a pre-game prayer at the FHSAA state
A little Labor Day Catch-up
By Andy DelaneyWell, I take last week off, thinking SCOV won’t issue anything on the 30th: it’s a holiday weekend. So, yeah. Guess, I’d better not start any psychic hotlines. Five opinions this immediate past week and two the week before that, which means seven super-short summaries. You could call this the “Delaney-running-with-scissors” version of
Suit Challenges Nebraska Abortion Rights Ballot Proposal
On August 23, the Nebraska Secretary of State certified two competing abortion related petitions for inclusion on the November ballot– the Protect the Right to Abortion amendment and the Protect Women and Children amendment. On Aug. 30, an anti-abortion proponent filed a petition in the Nebraska Supreme Court seeking a writ of mandamus requiring the