The Justice Department today filed suit against the Texas Department of Criminal Justice alleging that it violated Title VII by failing to accommodate a clerical employee's religious practice of wearing a head covering pursuant to her Ifa faith. The complaint (full text) in United States v. Texas Department of Criminal Justice, (SD TX, filed 5/3/2024), alleges in part: 34. Though Spears identified her belief in the Ifa faith and her religious practice of wearing a head covering, TDCJ was not satisfied that her religious beliefs were sincere or should be accommodated.  35. Instead, when ..read more

On Tuesday, the U.S. Commission on International Religious Freedom released its 96-page 2024 Annual Report (full text). It detail developments in 28 countries and makes additional policy recommendations as well. As summarized by the agency's press release announcing the Report: In its 2024 Annual Report, USCIRF recommends 17 countries to the U.S. Department of State for designation as Countries of Particular Concern (CPCs) based on their governments engaging in or tolerating particularly severe violations of the right to freedom of religion or belief. These include 12 that the State Depa ..read more

In re an Application by JR87, (NI CA, April 30, 2024), is an appeal in a challenge to the legality of religious education and collective worship practices in schools in Northern Ireland. In the case, parents who are humanists and are not raising their daughter in any religious tradition object to the Christian religious education and collective worship in their daughter's school. Among other things, they rely on Article 9 of the European Convention on Human Rights (Freedom of thought, conscience and religion) and Article 2 of Protocol 1 to the Convention which provides in part: Educ ..read more

Pursuant to 36 USC §119, President Biden has issued a Proclamation (full text) declaring today as this year's National Day of Prayer.  The Proclamation reads in part: On this National Day of Prayer, we recognize the power of prayer to strengthen our spirits, draw us together, and create hope for a better tomorrow. The right to practice our faiths freely and openly is enshrined in the Constitution and remains at the core of our American spirit.  For centuries, Americans of every religion and background have come together to lift up one another and our Nation in prayer.  Throug ..read more

Yesterday the Arizona legislature gave final passage to HB2677 (full text) which repeals Arizona's 160-year-old near-total abortion ban that, according to the state Supreme Court, came back into effect when Roe v. Wade was overruled. (See prior posting.) However, the repeal does not go into effect until 90 days after the end of the legislative session. Governor Katie Hobbs has said she will sign the bill. When the repeal becomes effective, Arizona's 15-week abortion ban will be effective.  In November, Arizona voters will vote on a referendum to protect the right to pre-viability abortion ..read more

On April 29, the Kansas legislature overrode Governor Laura Kelly's veto of House Bill 2749. (Full text of bill and veto message). The bill requires abortion providers to ask each patient which of 11 reasons was the most important factor in the patient's decision to seek an abortion.  Biannual reports that do not disclose the identity of patients or doctors involved are to be filed with the state. They are to tabulate the reasons given and also provide demographic information about patients. A public report on abortions performed in the state is then to be issued. In vetoing the bill, Gov ..read more

In Stephens v. Metropolitan New York Synod of the Evangelical Lutheran Church in America, (Dutchess Cty. NY Sup. Ct., April 29, 2024), a New York state trial court dismissed a suit for breach of fiduciary duty, infliction of emotional distress, hostile work environment and defamation brought by an Episcopal clergyman, who was also on the Roster of Ministers of the Evangelical Lutheran Church. Plaintiff had sought out pastor Christopher Mietlowski for a confidential confessional conversation about an extramarital affair. Despite the assurance of confidentiality, Mietlowski disclosed the in ..read more

On April 30, President Biden issued a Proclamation (full text) declaring May 2024 as Jewish American Heritage Month. The Proclamation reads in part: This Jewish American Heritage Month, we honor Jewish Americans, who have never given up on the promise of our Nation.  We celebrate the contributions, culture, and values that they have passed down from generation to generation and that have shaped who we are as Americans.  We remember that the power lies within each of us to rise together against hate, to see each other as fellow human beings, and to ensure that the Jewish community is ..read more

In Kluge v. Brownsburg Community School Corporation, (SD IN, April 30, 2024), an Indiana federal district court in a 46-page opinion that sets out extensive factual background information, dismissed an orchestra teacher's Title VII claim that the school had failed to reasonably accommodate his religious objections to referring to transgender students by their preferred names and pronouns. The school had initially permitted the teacher to refer to students by their last names only, but later withdrew that accommodation and forced the teacher's resignation. A primary issue in the case was w ..read more

In Kadel v. Folwell, (4th Cir., April 29, 2024), the U.S. 4th Circuit Court of Appeals sitting en banc, in an 8-6 decision, held that an exclusion in North Carolina's state employee healthcare plan for treatment "in connection with sex changes or modifications" violates the equal protection clause. The majority held that "the coverage exclusions facially discriminate on the basis of sex and gender identity, and are not substantially related to an important government interest...." The majority held that the exclusion for "transexual surgery" in West Virginia's Medicaid program simila ..read more