Lifeguard Sues L.A. County Over Required Flag Raising for Pride Month
Religion Clause
by Howard Friedman
21h ago
A suit was filed last week in a California federal district court by plaintiff who is employed as a lifeguard by Los Angeles County objecting to the requirement that he raise the Progress Pride Flag at his lifeguard station during June which has been designated as LGBTQ+ Pride month. The complaint (full text) in Little v. Los Angeles County Fire Department, (CD CA, filed 5/24/2024), alleges in part: Captain Little is ... an evangelical Christian with beliefs on marriage, family, sexual behavior and identity that align with the traditional and orthodox biblical-social teachings ..read more
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Civil Court Must Accept Disciplinary Actions by Hierarchical Church's Parent Body
Religion Clause
by Howard Friedman
21h ago
In San Jose Korean Central Church v. Korean Evangelical Church of America, (CA App., May 29, 2024), a California state appellate court applied the ecclesiastical abstention doctrine, holding that a trial court was required to accept as binding internal disciplinary judgments by a church's parent body, Korean Evangelical Church of America (KECA).  At issue was an attempt by a local congregation, San Jose Korean Central Church (SJKCC) to disaffiliate from KECA. As explained by the court: ... [T]he board of SJKCC, led by its senior pastor, Francis Chung, purportedly approved new bylaws ..read more
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Louisiana Legislature Requires Posting of 10 Commandments in Every Public School and College Classroom
Religion Clause
by Howard Friedman
2d ago
The Louisiana legislature this week gave final passage to HB71 (full text) which requires all public schools to display the Ten Commandments in each classroom. The bill specifies the Ten Commandments text which must be used-- choosing the text that appeared on the Ten Commandments marker at the Texas State Capitol that was the subject of the U.S. Supreme Court's decision in Van Orden v. Perry. The Louisiana bill requires: The nature of the display shall be determined by each governing authority with a minimum requirement that the Ten Commandments shall be displayed on a poster or framed ..read more
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New Hampshire Divisive Concepts Law Is Void For Vagueness
Religion Clause
by Howard Friedman
3d ago
 In Local 8027, AFT-N.H., AFL-CIO v. Edelblut, (D NH, May 28, 2024), a New Hampshire federal district court held that statutes enacted in 2021 that ban the teaching in public schools, or by employers, or in government programs of specified divisive concepts are void for vagueness. The banned concepts found in NH Revised Statutes §193.40 , §354A-31 and §354A-32, are: (a) That one's age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin is inherently superior to ..read more
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Recent Articles of Interest
Religion Clause
by Howard Friedman
5d ago
From SSRN: Muhammad Ali Malik, Muhammad Rashid & Muhammad Abdullah Ejaz, How Mainstream Video Games Are Unethically Targeting a Specific Religion, (May 17, 2024). Bernard M. Levinson, Neglected Contributions to the Study of Kingship in the Pentateuch and the Deuteronomistic History, (Pages 33–40 in The Formation of Biblical Texts: Chronicling the Legacy of Gary N. Knoppers. Edited by Deirdre N. Fulton, Kenneth A. Ristau, Jonathan S. Greer, and Margaret E. Co, (2024)). Melvin Otey, A Modern Reflection on Premodern Allegory, (Studies of Biblical Interest | Vol. 1, No. 1 (2023)). Ashish ..read more
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8th Circuit Reverses Dismissal of Suit for Failure to Accommodate Religious Objections to Vaccine Mandate
Religion Clause
by Howard Friedman
6d ago
In Ringhofer v. Mayo Clinic, Ambulance, (8th Cir., May 24, 2024), the U.S. 8th Circuit Court of Appeals reversed a Minnesota federal district court's dismissal of suits by Mayo Clinic employees who sought accommodations because their employer's Covid vaccine mandate violated their religious beliefs. The court concluded that two of the employees did properly exhaust their administrative remedies under Title VII. It also found that all the employees had adequately pleaded a conflict between their Christian religious beliefs and the vaccine mandate. Finally, it concluded that the Minnesota H ..read more
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President Extends Warm Wishes To Buddhists Celebrating Vesak
Religion Clause
by Howard Friedman
1w ago
The White House today issued a Statement by President Biden (full text) extending warm wishes from him and the First Lady to Buddhists in the United States and around the world celebrating Vesak. the Statement says in part: As we honor the birth, passing, and enlightenment of Buddha, we recognize the American Buddhists who contribute so much to our communities and our country. For over 2,500 years, those who adhere to the Buddha’s teachings have enriched and strengthened this world we share. Vesak is a time to reflect on the Buddha’s teachings, including the need to work for peace and justice ..read more
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Churches' Challenges To Day Care Licensing Dismissed
Religion Clause
by Howard Friedman
1w ago
In Foothills Christian Ministries v. Johnson, (SD CA, May 20, 2024), a California federal district court dismissed challenges by three churches to the California Child Day Care Facilities Act. The churches wish to open day cares but object to the requirement that they obtain a license to do so. The opinion relates to plaintiffs' First Amended Complaint after a prior dismissal. (See prior posting.) The court said in part: ... [I]ndignation is not injury and Plaintiffs have provided no further grounds for standing to challenge the licensure requirement itself beyond that they do not want a pres ..read more
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Ban of Bus Ads on Controversial Issues Violates Constitution
Religion Clause
by Howard Friedman
1w ago
In WallBuilder Presentations v. Clarke, (D DC, May 21, 2024), a D.C. federal district court granted a preliminary injunction barring enforcement of a Guideline of the Washington Metropolitan Transit Authority which bars bus ads that are "intended to influence members of the public regarding an issue on which there are varying opinions...." Plaintiffs submitted two ads that promoted the idea that the nation's founders were Christians. The court said in part: ... [N]othing in Guideline 9’s text answers basic questions about its reach, and the “indeterminate scope” of Guideline 9 is not “clarif[i ..read more
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Texas School Sues Over New Title IX Rules on Sex Discrimination
Religion Clause
by Howard Friedman
1w ago
Suit was filed this week in a Texas federal district court challenging the Biden administration's 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.  The complaint (full text) in Carroll Independent School District v. U.S. Department of Education, (ND TX, filed 5/21/2024), alleges in part: 7.... This bureaucratic fiat prevents Carroll ISD from protecting private spaces like bathroo ..read more
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