Washington state Attorney General Bob Ferguson announced yesterday that it has filed a petition to enforce a subpoena against the Catholic Diocese of Seattle in the AG's investigation of allegations of the misuse of charitable funds to cover up clergy child sex abuse claims. The Seattle Diocese has refused to cooperate in the investigation of three dioceses in the state. The Petition to Enforce the Subpoena of the Complex Litigation Division, (Super. Ct., filed 5/9/2024) (full text) says in part: Although the Church has released only limited records regarding the extent of its complicity in t ..read more

In Balchan v. New Rochelle City School District, (SD NY, May 7, 2024), a New York federal district court refused to dismiss claims of religious discrimination, retaliation for submitting claims of religious discrimination, and a due process claim for stigmatization plus loss of employment. Plaintiff is a Jewish woman who was employed as the school district's Medial Director. At issue are disciplinary charges brought against her for allegedly using personal leave days for a vacation and the stigmatizing report by a hearing officer in connection with those charges. The court details the factual ..read more

In Jane Does 1-11 v. Board of Regents of the University of Colorado, (10th Cir., May 7, 2024), the U.S. 10th Circuit Court of Appeals held that the policies for granting or denying a religious exemption from the Covid vaccine mandate on one of the campuses of the University of Colorado violated the 1st Amendment's Free Exercise and Establishment Clauses. As explained by the court: The September 1 Policy declared that “[a] religious exemption may be submitted based on a person’s religious belief whose teachings are opposed to all immunizations.” ...  The Administration made clear tha ..read more

In Billard v. Charlotte Catholic High School, (4th Cir., May 8, 2024), the U.S. 4th Circuit Court of Appeals held that a Catholic high school teacher's suit alleging sex discrimination in violation of Title VII should be dismissed. The court's majority held that the ministerial exception doctrine defeated the suit by the teacher of English and drama who was not invited back to teach after he announced plans to marry his same-sex partner. The majority, finding that the teacher should be classified as a "minister" for purposes of the ministerial exception, said in part: [F]aith infused CCH ..read more

In Byrnes v. Senate of the State of New York, (Livingston County NY Sup. Ct., May 7, 2024), a New York state trial court held that the proposed state Equal Protection constitutional amendment must be removed from the November 2024 ballot because the state legislature did not follow the proper procedures in approving the amendment for placement on the ballot.  The proposed amendment (full text) would expand the state constitution's Equal Protection clause by adding ethnicity, national origin, age, disability, sex (including sexual orientation, gender identity, gender expression, pregnancy ..read more

New York's Attorney General filed suit this week in a New York state trial court against eleven crisis pregnancy centers and their parent organization alleging that they have violated the state's deceptive business practices and false advertising laws in promoting abortion pill reversal. The complaint (full text) in People of the State of New York v. Heartbeat International, Inc., (NY County Sup. Ct., filed 5/6/2024), alleges in part: There is no competent and reliable scientific evidence to substantiate Defendants’ claims about APR’s efficacy and safety, including the central promise that AP ..read more

In Yellowhammer Fund v. Marshall, (MD AL, May 6, 2024), an Alabama federal district court held that the state Attorney General would violate women's right to travel and the free expression rights of reproductive health providers and their staffs if he carried out his threat to prosecute anyone who assists women in arranging out-of-state abortions that would be illegal if performed in Alabama. Refusing to dismiss these claims by plaintiffs, the court said in part: ... [T]he Constitution protects the right to cross state lines and engage in lawful conduct in other States, including receiving an ..read more

As previously reported, last month the U.S. Department of Education promulgated new rules under Title IX on sex discrimination by educational programs receiving federal financial assistance. Among other things, the new rules provide that sex discrimination includes discrimination on the basis of sexual orientation or gender identity. Last Friday, Nebraska Governor Jim Pillen announced that Nebraska will not comply with the new title IX requirements which go into effect on August 1.  His announcement says in part:  “The Biden administration’s rewrite of Title IX is an affront to the ..read more

Today is Yom HaShoah. The White House has posted a Statement from Vice President Harris on Holocaust Remembrance Day (full text).  The Statement says in part: [I]n recent days in the United States, we have seen hateful rhetoric and harassment against Jews. This is Antisemitism and must be condemned unequivocally. Hate of any kind has no place in our country. For the Jewish people, the past seven months have evoked the memories—along with fear and anguish—of the Holocaust. So to all the Jewish people around the world, know this: President Joe Biden and I stand with you. We will fight An ..read more

 From SSRN: Caitlin Millat, Race, Religion, and the Antiparallel, (American Journal of Law and Equality, Arizona State University Sandra Day O'Connor College of Law Legal Studies Research Paper No. 4776907 (2024). Danny Li, The Comstock Act's Equal Protection Problem, (April 26, 2024). Lawrence B. Solum, Original Public Meaning, (Michigan State Law Review, Vol. 2023, No. 807). Liz Tobin-Tyler, Putting Your Money Where Your Mouth Is: Maternal Health Policy After Dobbs, (Seton Hall Law Review, Vol. 53, 2023). Carlo A. Pedrioli, In re Marriage Cases, Same-Sex Marriage, and th ..read more