Howard M. Friedman (LexBlog United States)

2904 results for Howard M. Friedman (LexBlog United States)

  • California’s Removal of Personal Belief Exemption from School Immunization Requirement Is Upheld

     In Royce v. Bonta, (SD CA, March 25, 2024), a California federal district court upheld the constitutionality of a law enacted by California in response to a 2015 measles outbreak. The law removed the personal belief exemption, but retained the medical exemption, from the requirement that school children enrolled in public and private schools be immunized...

  • Denial of Religious Exemption from Vaccine Mandate Did Not Violate Title VII or Constitution

    In White v. University of Washington, (WD WA, March 22, 2024), a Washington federal district court rejected Title VII as well as constitutional challenges brought by a healthcare worker who was denied a religious exemption from Washington’s Covid vaccine mandate. In discussing Plaintiff’s Title VII claim of failure to reasonably accommodate, the court said in part:...

  • Supreme Court Hears Oral ArgumentsToday On Abortion Pill Restrictions

     The U.S. Supreme Court is hearing oral arguments today in two related cases– FDA v. Alliance for Hippocratic Medicine and Danco Laboratories, LLC v. Alliance for Hippocratic Medicine.  At issue is the FDA’s actions in 2016 and 2021 regarding the administration and distribution of the abortion pill mifepristone. (See prior posting.) Links to briefs and pleadings...

  • Religious Marriage Without Marriage License and Later Annulled by Religious Court Is Still Recognized By New York

     In T.I. v. R.I., (NY Sup Ct Kings Cty, March 20, 2024), a New York state trial court held that the state would recognize a couple’s marriage that was performed in a Jewish religious ceremony even though the couple did not obtain a civil marriage license and the marriage was annulled eight years later by...

  • Court Enforces Arbitration Award Requiring Husband to Furnish Jewish Bill of Divorce

    In S.I. v. M.I., (NJ App., March 22, 2024), a New Jersey state appellate court held that a husband was required to comply with an arbitration agreement he had signed that required him to accept Rabbi David Twersky’s decision on his obligation to give his wife a get (Jewish bill of divorce). The rabbi ordered giving...

  • New Indiana Law Strengthens Parents’ Right to Have Children Attend Released-Time Religious Instruction

    Last week, Indiana Governor Eric Holcomb signed House Bill 1137 (full text) which strengthens parents’ rights to have their children attend up to two hours per week of released-time religious instruction. Previously Indiana law permitted, but did not require, a public school to honor parents’ requests for their children to attend up to two hours...

  • Christian Food Ministry Sues to End City’s Attempts to Close It Down

     Last week, a Yuma County, Arizona Baptist church filed suit in an Arizona federal district court challenging actions the city of San Luis has taken to close down the church’s food distribution ministry which it has operated for 23 years. The complaint (full text) in Gethsemani Baptist Church v. City of San Luis, (D AZ, filed...

  • Pharmacist Violated Sex Discrimination Ban in Refusing to Fill Prescription for Emergency Contraceptive

     In Anderson v. Aitkin Pharmacy Services, LLC, (MN App., March 18, 2024), a Minnesota state appellate court held that a pharmacist violated the Minnesota Human Rights Act that prohibits intentionally refusing to do business with a person because of the person’s sex. The pharmacist refused to dispense plaintiff’s prescription for the emergency contraceptive ella because of...

  • Catholic Bishops Mobilize Special Prayer Efforts for Supreme Court’s Decision on Abortion Pill Availability

    On March 26, the U.S. Supreme Court will hear oral arguments in Food and Drug Administration v. Alliance for Hippocratic Medicine and a companion case Danco Laboratories, LLC v. Alliance for Hippocratic Medicine. (SCOTUSblog case page.) At issue are challenges to the Food and Drug Administration’s relaxation of restrictions on the administration and use of the abortion...

  • Air Pollution Did Not Violate City Residents’ Free Exercise Rights

    In Dancer v. United States, (WD MI, March 15, 2024), residents of Kalamazoo, Michigan sued a variety of governmental and private parties alleging injuries from airborne pollution, chemical discharges and odors from a nearby paper mill. Among the 34 separate claims in the lawsuit was a claim that the city’s failure to deal with air quality...

  • Certiorari Denied in Case of Anorexic Transgender Teen Placed Under State’s Care

    The U.S. Supreme Court today denied review in M.C. v. Indiana Department of Child Services, (Docket No. 23-450, certiorari denied, 3/18/2024) (Order List). In the case, an Indiana state appellate court upheld the removal to state custody of a 16-year-old transgender child who was suffering from anorexia. The teen’s parents, because of their Christian religious beliefs,...

  • 7th Circuit: Zoning Denial for Catholic School Athletic Field Lights Did Not Violate RLUIPA

    In Edgewood High School of the Sacred Heart v. City of Madison, Wisconsin, (7th Cir., March 15, 2024), the U.S. Court of Appeals for the 7th Circuit upheld the denial of zoning approval for a Catholic high school to install lights in its athletic field for nighttime games. The court rejected the school’s claims that the...

  • 5th Circuit: Texas Statute Giving Parents Right to Consent to Teens’ Contraceptives Is Consistent with Title X

     In Deanda v. Becerra, (5th Cir., March 12, 2024), the U.S. 5th Circuit Court of Appeals held that a Texas statute giving parents the right to consent to their teenagers’ receiving contraceptives is consistent with Title X of the federal Public Health Service Act under which clinics are given grants to distribute contraceptives and other family...

  • Complaint Charges Sarah Lawrence College with Antisemitism Violating Title VI

    A Complaint (full text) was filed on March 11 with the Department of Education Office for Civil Rights by Hillels of Westchester asking OCR to initiate an investigation of antisemitism at Sarah Lawrence College. The 43-page Complaint (with 46 pages of Exhibits attached) reads in part: We are submitting this Title VI Complaint1 as counsel...

  • Settlement Narrows Interpretation of Florida’s "Don’t Say Gay" Law

    On Monday, a Settlement Agreement (full text) was filed with the U.S. Court of Appeals for the 11th Circuit in Equality Florida v. Florida State Board of Education. In the case, plaintiffs challenged the constitutionality of Florida’s Parental Rights in Education Act (sometimes known as the “Don’t Say Gay” law). The Settlement Agreement defines narrowly...

  • New York’s Removal of Religious Exemption from School Vaccination Requirement Is Upheld

    In Miller v. McDonald, (WD NY, March 11, 2024), a New York federal district court upheld New York’s removal of religious exemptions from its mandatory requirement for vaccination of school children. It rejected Free Exercise challenges by Amish individuals and schools, finding, in part in reliance on the 2nd Circuit’s We the Patriots decision, that the...

  • Orthodox Jewish Passengers Sue JetBlue For Discrimination

    Suit was filed late last month in a New York federal district court against JetBlue Airways by three observant Jewish passengers who were forced off of a flight by airline personnel after one of the passengers, an Orthodox Jewish man, asked other passengers to switch seats with him so, consistent with his religious beliefs, he...

  • D.C. Circuit Hears Arguments on Tax Exempt Status of Church Promoting Religious Use of Psychedelic Drug

    The U.S. court of Appeals for the D.C. Circuit yesterday heard oral arguments in Iowaska Church of Healing v. Werfel (audio of full oral arguments). In the case, the D.C. federal district court upheld the IRS’s refusal to grant §501(c)(3) non-profit status to a church that promotes the religious use of Ayahuasca, a tea brewed from...

  • President Sends Ramadan Greetings Outlining Policy Initiatives

     President Biden yesterday issued a Statement on the Occasion of Ramadan (full text), saying in part: Tonight—as the new crescent moon marks the beginning of the Islamic holy month of Ramadan—Jill and I extend our best wishes and prayers to Muslims across our country and around the world…. …As Muslims gather around the world over...

  • Ban on Caste Discrimination Is Constitutional

    In Bagal v. Sawant, (WD WA, March 8, 2024), a Washington federal district court rejected First and 14th Amendment challenges to the City of Seattle’s adding of “caste” as a protected class under its anti-discrimination Ordinance. The court said in part: First, Plaintiff argues that incorporating “caste” into existing anti-discrimination laws ipso facto creates a stigma,...

  • Federal Agencies Finalize Rule Amendments on Grants to Faith-Based Organizations

    On March 4, nine federal agencies published a 52-page joint release titled Partnerships With Faith-Based and Neighborhood Organizations (full text) in the Federal Register amending rules adopted by them during the Trump Administration. In a press release, Americans United summarizes the rule changes in part as follows: The new regulations: • Reinstate the requirement that people...

  • Ramadan Begins Sunday Evening

     As announced by the Fiqh Council of North America, Ramadan begins this evening (Sunday, March 10). CAIR has released a Ramadan Toolkit with templates for employees and students to use to seek accommodations for Ramadan observance.  It also includes templates and sample texts for a resolution on Ramadan and Eid that can be adopted by governmental...

  • Alabama Passes Law Protecting IVF Clinics from Liability

    Reacting to the recent Alabama Supreme Court decision holding that the state’s wrongful death statute applies to the negligent destruction of frozen embryos created during IVF treatment, the Alabama legislature yesterday passed, and Governor Kay Ivey immediately signed SB159 (full text) which provides in part: Related to in vitro fertilization and notwithstanding any provision of...

  • Student Sues School Board Alleging Gender Affirming Policies Violate Her Rights

    Suit was filed earlier this week in a Virgina state trial court by a high school student challenging Fairfax County School Board regulations (full text) that support transgender students.  The complaint (full text) in Doe v. Fairfax County School Board, (VA Cir. Ct., filed 3/4/2024), alleges in part: … FCPS Regulation 2603.2 and its application unconstitutionally violates the Petitioner’s...

  • Virginia Legislature Passes Symbolic Bill Recognizing Same-Sex Marriages

    In Virginia, Governor Glenn Youngkin has until tomorrow to decide whether or not to sign HB 174/ SB 101 (full text) which provides: No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender,...

  • Man Sentenced To 1 Year + For Threatening Synagogue Shooting

    According to a press release from the U.S. Attorney’s Office for the Western District of Michigan, on Monday a 20-year old Michigan man was sentenced to 12 months and one day in prison, 3 years of supervised release and restitution payment of $10,648 for sending numerous Instagram messages threatening a mass shooting at an East...

  • Christian Organization Challenges Grant Rule Barring Religious Favoritism in Hiring

    Suit was filed this week in an Oregon federal district court challenging an anti-discrimination rule of the Oregon Department of Education that disqualified a Christian youth-mentoring ministry from receiving $410,000 in grants for which it had initially been selected. The Christian group requires all of its board members, its 30 employees and 100+ volunteers to...

  • Right Wing Catholic Website Will Close Down After Settling Defamation Lawsuit

     AP reports on the imminent closing of the Church Militant website following the website’s settlement of a defamation lawsuit.  According to AP: A far-right, unofficial Catholic media website has agreed to pay $500,000 to a New Hampshire priest who sued for defamation over a 2019 article that it now disavows. The website also is planning...

  • RLUIPA Safe harbor Does Not Extend to Claims for Monetary Damages

     In Bair Brucha Inc. v. Township of Toms River, New Jersey, (D NJ, Feb. 29, 2024), a New Jersey federal district court granted plaintiffs judgment on the pleadings on their RLUIPA and Free Exercise challenges to discriminatory land use regulations that prevented their construction of a synagogue.  Plaintiffs claimed that Toms River had engaged in...

  • LGBTQ+ Support Group Fights Texas AG’s Demand for Information

    Suit was filed this week in a Texas state trial court by PFLAG, a national support group for LGBTQ+ individuals and their families, seeking to set aside civil investigative demands from the Texas Attorney General’s Office. PFLAG contends that the demands from the AG’s Office indicate that the Attorney General is seeking to identify Texas...

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