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
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Catholic Diocese Sues Feds Over Rule Change For Religious Worker Visas
Suit was filed last month in a New Jersey federal district court by the Catholic diocese of Patterson, New Jersey and by several Catholic priests who are citizens of foreign countries and are in the United States on R-1 Temporary Religious Worker visas. The lawsuit challenges a State Department rule change adopted in March 2023…
Teaching of Evolution Does Not Violate Establishment Clause
In Reinoehl v. Penn-Harris-Madison School Corporation, (SD IN, Aug. 30, 2024), an Indiana federal district court held that teaching the theory of evolution in public schools does not violate the Establishment Clause. The court said in part:We find that Plaintiffs have failed to allege an Establishment Clause violation here because “it is clearly established…
9th Circuit: Title IX’s Religious Exemption Does Not Violate Establishment Clause
In Hunter v. U.S. Department of Education, (9th Cir., Aug. 30, 2024), the U.S. 9th Circuit Court of Appeals held that the exemption available to religious educational institutions from Title IX’s ban on sex discrimination (including sexual orientation and gender identity) does not violate the Establishment Clause or equal protection guaranties. The court said…
Disclosure of Covid Status to Plaintiff’s Pastor Did Not Infringe Privacy or Free Exercise Rights
In Fulmore v. City of Englewood, (NJ App., Aug. 30, 2024), a New Jersey appellate court dismissed a suit brought by an employee of the city’s Department of Public Works who contended that his rights were violated when, early in the Covid pandemic, the city’s health officer disclosed to plaintiff’s pastor that plaintiff was…
11th Circuit Denies En Banc Rehearing in Alabama’s Ban on Gender-Affirming Treatment of Minors
In August 2023, the U.S. 11th Circuit Court of Appeals vacated a district court’s preliminary injunction against Alabama’s ban on hormone blockers and cross-sex hormones to treat minors with gender dysphoria, holding that the statute is only subject to rational basis review. (See prior posting.) Now, in Eknes-Tucker v. Governor of the State of Alabama…
6th Circuit Reverses Dismissal of Muslim Inmate’s Religious Accommodation Complaints
In Mustin v. Wainwright, (6th Cir., Aug. 27, 2024), the U.S. 6th Circuit Court of Appeals reversed the dismissal of free exercise, RLUIPA, equal protection and certain retaliation claims brought by a Muslim inmate who objected to the manner in which space was made for religious services and objected to inadequate Ramadan meals. The…
PA Supreme Court: Yard Signs Responding to Neighbors’ Antisemitism Protected by Pennsylvania Constitution
In a 4-2 decision in Oberholzer v. Galapo, (PA Sup. Ct., Aug. 20, 2024), the Pennsylvania Supreme Court, relying on the broad free speech protections in Art. I, Sec. 7 of the Pennsylvania Constitution, dissolved an injunction issued by a trial court in an unusual dispute between neighbors. As described by Justice Dougherty’s majority…
Churches Challenge Constitutionality of Johnson Amendment
The Johnson Amendment which prohibits 501(c)(3) tax-exempt organizations from supporting or opposing political candidates was challenged this week as being unconstitutional as applied to churches. The complaint (full text) in National Religious Broadcasters v. Werfel, (ED TX, filed 8/28/2024) alleges in part:Churches are placed in a unique and discriminatory status by the IRC.…
6th Circuit: Off-Duty Police Did Not Violate Dismissed Pastor’s Free Exercise Rights
In Couzens v. City of Forest Park, Ohio, (6th Cir., Aug. 27, 2024), the U.S. 6th Circuit Court of Appeals affirmed the dismissal of a suit brought by a church’s former pastor against off-duty city police officers who assisted the congregation in physically removing a pastor who had been dismissed from his position by…