Friday, 24 March 2017, 12:53 pm PDT

Latest News

Religion Clause To Take A Publication Break

Dear Readers:Religion Clause will be going on a publication break until approximately the end of March.  Check back for my resumption of postings at that time. Howard Friedman [read more]

Religion Clause

Recent Articles of Interest

From SSRN:Rafael Domingo, Theology and Jurisprudence. A Good Partnership? , (Journal of Law and Religion, 32, 2017, Forthcoming). Rafael Domingo, The Constitutional Justification of Religion, (Marc... [read more]

Religion Clause

Ministerial Exception Does Not Apply To Exercise Science Teacher At Christian University

In Richardson v. Northwest Christian University, (D OR, March 16, 2017), an unmarried professor of exercise science at a Christian university sued for discrimination after she was fired because she... [read more]

Religion Clause

Another Court Bars Enforcement of Trump's Second Travel Ban

As reported by Bloomberg Politics, yesterday a Maryland federal district court became the second court to bar enforcement of part of President Trump's second "travel ban" Executive O... [read more]

Religion Clause

Recent Prisoner Free Exercise Cases

In Givens v. Vaughn, 2017 U. S. Dist. LEXIS 31366 (SD IL, March 6, 2017), an Illinois federal district court adopted a magistrate's recommendation (2017 U. S. Dist. LEXIS 31374, Feb. 6, 2017)... [read more]

Religion Clause

5 Judges In 9th Circuit Would Uphold Trump's First Travel Ban

Last month, a 3-judge panel of the U. S. 9th Circuit Court of Appeals refused to stay the Washington federal district court's temporary restraining order against enforcement of President Trum... [read more]

Religion Clause

Lynn to Retire As Head of Americans United

In a press release issued yesterday. Americans United for Separation of Church and State announced that its long-time executive director Barry W. Lynn will retire at the end of 2017.  Lyn... [read more]

Religion Clause

Appeals Court OK's Court-Ordered Meeting of Church Members

In Hawkins v. St. John Missionary Baptist Church of Bakersfield, California, (CA App. , March 15, 2017), a California state appellate court upheld a trial court's determination that it could ... [read more]

Religion Clause

Hawaii Federal Court Bars Enforcement of Key Provisions of Second Travel Ban

Today a Hawaii federal district court issued a nationwide temporary restraining order prohibiting enforcement of Section 2  (90 day ban on entry into U. S. of nationals of six Muslim-majority ... [read more]

Religion Clause

NYC Arrangement On Controversial Circumcision Method Apparently Is Not Working

In September 2015, the New York City Board of Health repealed its largely unenforced regulations that required parental consent forms be signed in cases of ritual circumcision using the direct oral... [read more]

Religion Clause

City's Settlement of Mosque Litigation Challenged By New Lawsuit

As previously reported, last month the city of Sterling Heights, Michigan reached settlements in two related lawsuits challenging the city's denial of a land use application filed by an Islamic gr... [read more]

Religion Clause

Recent Prisoner Free Exercise Cases

In Robinson v. Superintendent Houtzdale SCI, (3d Cir. , March 6, 2017), the 3rd Circuit affirmed the dismissal of an inmate's complaint that he was unable to participate in the sex offenderâ€... [read more]

Religion Clause

European Court of Justice Upholds Neutral Employment Rules Barring Religious Dress

The Court of Justice of the European Union today decided two cases raising the question of whether private employers may prohibit Muslim employees from wearing a headscarf at work.  In a case ... [read more]

Religion Clause

7th Circuit Upholds Enhanced Sentence For Hajj Fraud Defendant

In United States v. Minhas, (7th Cir. , March 10, 2017), the U. S. 7th Circuit Court of Appeals upheld the 114 month prison sentence imposed on a travel agent convicted in two separate cases o... [read more]

Religion Clause

11th Circuit: Title VII Does Not Bar Sexual Orientation Discrimination

In Evans v. Georgia Regional Hospital, (11th Cir. , March 10, 2017), the U. S. 11th Circuit Court of Appeals in a 2-1 decision held that Title VII of the 1964 Civil rights Act does not protect... [read more]

Religion Clause

Recent Articles of Interest

From SSRN:Khaled A. Beydoun, Acting Muslim, (Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 53, Forthcoming). Jaakko Husa, Hindu Law - Stateless Law? , (Scandinavian Studies in Law, ... [read more]

Religion Clause

Utah Legislature Passes Changes to Polygamy Ban

As reported by AP and CNN, the state legislature late last night gave last minute final passage to HB 99 (full text) amending the state's bigamy law.  It is unclear whether Gov. Gary Her... [read more]

Religion Clause

New South Dakota Law Protects Religious Child-Placement Agencies

ACLU reports that on March 10, South Dakota Governor Dennis Daugaard  signed SB 149 (full text) into law.  The new law protects adoption and foster care agencies that act in accordan... [read more]

Religion Clause

Mosque Sues Over Denial of Sewage Permit

As previously reported, last December the U. S. Department of Justice filed suit against Culpeper County, Virginia alleging that it violated the Religious Land Use and Institutionalized Persons Act... [read more]

Religion Clause

Hawaii Files Amended Complaint To Challenge Trump's New Travel Ban Executive Order

As reported by NPR, on Wednesday, Hawaii became the first state to sue to challenge the Trump administration's revised Executive Order imposing a 90-day suspension of entry into the United States ... [read more]

Religion Clause

Church May Move Ahead With RLUIPA Objections To Denial of Demolition Permit

Village of West Dundee v. First United Methodist Church of West Dundee, (IL App. , March 7, 2017), involves a church's attempt to obtain a permit to demolish a building located in the Village... [read more]

Religion Clause

Photographer Challenges Public Accommodation Law

Earlier this week a suit was filed in a Wisconsin state trial court challenging Madison City Code § 39. 03(5) which makes it illegal for public accommodations to deny “equal enjoyment” because... [read more]

Religion Clause

100 Senators Call For Action On Jewish Community Center Bomb Threats

All 100 members of the U. S. Senate yesterday signed a letter (full text) to the Attorney General, the Secretary of Homeland Security and the Director of the FBI calling for "swift action wi... [read more]

Religion Clause

Court Rejects RFRA Challenge To Dakota Access Pipeline

In Standing Rock Sioux Tribe v. U. S. Army Corps of Engineers, (D DC, March 7, 2017), the D. C. federal district court denied a preliminary injunction requested by the Cheyenne River Sioux Tri... [read more]

Religion Clause

Pennsylvania Diocese Reaches Agreement With Prosecutors On New Child Protection Measures

As previously reported, a year ago a Pennsylvania Grand Jury filed a lengthy Report on sexual abuse of children by Pennsylvania Catholic clergy. On Monday, the U. S. Attorney's Office for the West... [read more]

Religion Clause