Howard M. Friedman (LexBlog United States)

1914 results for Howard M. Friedman (LexBlog United States)

  • Biden Appoints Imam To USCIRF

    Last Friday, President Biden appointed Mohamed Hag Magid to the U.S. Commission on International Religious Freedom. Imam Magid, among other things, is Executive Religious Director of All Dulles Area Muslim Society Center, is Chairman of International Interfaith Peace Corps and is the former President of the Islamic Society of North America. USCIRF is comprised of 9...

  • University’s No-Contact Orders To 3 Christian Students Violate Free Speech Rights

    In Perlot v. Green, (D ID, June 30, 2022), an Idaho federal district court issued a preliminary injunction requiring the University of Idaho to rescind no-contact orders issued to three law students who are members of the Christian Legal Society and a limited-contact order issued to a faculty member who is the CLS advisor. Defendants were...

  • ADA Does Not Justify Lower Priority For Employees With Religious, Rather Than Disability, Exemptions From Vaccine Mandate

    In UnifySCC v. Cody, (ND CA, June 39, 2022), a California federal district court granted a preliminary injunction barring enforcement of one portion of a California county’s complex policy on accommodating county employees who have exemptions from the county’s COVID vaccine mandate. While upholding significant portions of the county’s policy, the court found Free Exercise problems...

  • Court Enforcement Of Divorce Agreement Involving Acceptance of "Gett" Creates No Free Exercise Problem

    In Mishler v. Mishler, (TX App., June 30, 2022), a Texas state appellate court held that there is no state or federal free exercise problem with a divorce decree, based on the parties prior agreement, that certain property would be delivered by the husband to the wife only upon the wife’s acceptance of a “Gett”...

  • Florida Judge Says 15-Week Abortion Ban Violates State Constitution

    Palm Beach Post and Florida ACLU report that yesterday, a Florida state circuit court judge ruled from the bench that Florida’s ban on abortions after 15 weeks of pregnancy violates the Florida Constitution’s protection of the right of privacy. However the judge has not yet issued a formal written opinion or entered a preliminary injunction, so...

  • Portable Sign Ban Violates First Amendment

     In LaCroix v. Town of Fort Myers Beach, Florida, (11th Cir., June 28, 2022), the U.S. 11th Circuit Court of Appeals preliminarily enjoined a town’s ban on all portable signs. The ordinance was challenged by plaintiff who was cited for carrying a sign on a public sidewalk that conveyed his “religious, political and social message” that...

  • Kosher Certification Agency Sues Airline For Unauthorized Use Of Trademarked Symbol

    Suit was filed last week in a New Jersey federal district court by Kof-K, a kosher certification agency, against JetBlue Airways claiming that the airline used the agency’s certification symbol without authorization on a pre-packaged in-flight artichoke snack.  The complaint (full text) in Kosher Supervision Service, Inc. v. JetBlue Airways Corp., (D NJ, filed 6/23/2022), alleges...

  • Maine AG Says Christian Schools May Still Be Ineligible For Tuition Assistance Program

     As previously reported, last week in Carson v. Makin, the U.S. Supreme Court held that sectarian schools could not be excluded from Maine’s tuition aid program that is open to nonsectarian private schools. In a press release posted immediately after the Court’s decision, Maine’s Attorney General said that many religious schools may still not be...

  • Proposed Rule Amendments Say Title IX Bars LGBT Discrimination

    Last Thursday, the Department of Education issued a 700-page Release (full text) proposing amendments to the regulations implementing Title IX which bars sex discrimination in education programs or activities that receive federal funding. Among other things, a new rule, 34 CFR 106.10, would provide: Discrimination on the basis of sex includes discrimination on the basis...

  • Certiorari Denied In Christian Ministry’s Challenge To Defamation Standard

    Yesterday the U.S. Supreme Court denied review in Coral Ridge Ministries Media, Inc. v. Southern Poverty Law Center, (Docket No. 21-802, certiorari denied 6/27/2022). In the case, the U.S. 11th Circuit Court of Appeals affirmed an Alabama federal district court’s dismissal of a defamation suit brought by a Christian ministry and media company. Coral Ridge is designated...

  • Employees’ Religious Objections To Apron Logo May Support Title VII Claim

    In EEOC v. Kroger Limited Partnership I, (ED AR, June 23, 2022), an Arkansas federal district court refused to dismiss a religious discrimination claim brought by the EEOC against Kroger for failing to accommodate two employees who refused to wear the company’s apron which features a four-color heart symbol. Kroger developed the symbol as part...

  • Department Of Interior Report Includes Role Of Religious Institutions In Indian Boarding School Policies

    Last month, the Department of Interior released Volume 1 of an investigative report as part of its Federal Indian Boarding School Initiative designed to explore the legacy of past Indian boarding school policies. The Report (full text) released on May 11 includes a section (pp. 46-50) on The Role of Religious Institutions and Organizations in the...

  • 9th Circuit: Oak Flat Land Exchange Did Not Substantially Burden Apache Religious Exercise

    In Apache Stronghold v. United States, (9th Cir., June 24, 2022), the U.S. 9th Circuit Court of Appeals, in a 2-1 decision, held that a proposed federal government land exchange in Arizona with a mining company will not substantially burden Apache religious exercise in violation of RFRA. Nor will it violate the 1st Amendment because...

  • Supreme Court Overrules Roe v. Wade and Casey

    In a 5-1-3 opinion today, the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, (Sup. Ct., June 24, 2022), overruled Roe v. Wade  and Planned Parenthood of Southeastern Pa. v. Casey.  The majority, in a 108-page opinion written by Justice Alito and joined by Justices Thomas, Gorsuch, Kavanaugh and Barrett said in part: The Constitution...

  • Louisiana Governor Signs Two "Trigger Laws" On Abortion

    On June 17, Louisiana Governor John Bel Edwards signed Senate Bill 342 (full text), amending a 2006 law that banned all abortions except to prevent death or permanent impairment of a life-sustaining organ of the pregnant woman, or in cases of unintentional termination because of medical treatment. The law becomes effective if and when Roe...

  • Supreme Court Says Maine Cannot Exclude Sectarian Schools From Its Tuition Reimbursement Program

    In Carson v. Makin, (Sup. Ct., June 21, 2022), in a 6-3 decision, the U.S. Supreme Court held that Maine’s program that pays tuition (up to a statutory limit) to out-of-district public or private high schools for students whose districts do not operate a high school, but which requires participating schools to be nonsectarian, violates the...

  • Supreme Court Denies Review In Challenge To California Time Extension For Sex Abuse Claims

    The U.S. Supreme Court today denied review in Roman Catholic Bishop of Oakland v. Superior Court of the State of California, (Docket No. 21-1377, certiorari denied 6/21/2022). (Order List.) In the case, 9 dioceses and archdioceses challenged California legislation that extended the limitation period for suits alleging childhood sexual assault to plaintiff’s 40th birthday or 5...

  • Iowa Supreme Court Overrules 2018 Decision That State Constitution Strongly Protects Abortion Rights

    In a complicated set of opinions that span 182 pages, the Iowa Supreme Court overruled their own 2018 decision (referred to in the opinion as “PPH II“) and held by a vote of 5-2 that neither the due process nor the equal protection clause of Iowa’s constitution grants a fundamental right to an abortion. It...

  • Recent Articles and Reports of Interest

    From SSRN: Bethany Berger & Chloe Scherpa, Mohegan Women, the Mohegan Church, and the Lasting of the Mohegan Nation, (June 12, 2022). Cherian George, Analytical and Normative Frameworks for Studying Religious Nationalism, (May 30, 2022). Mark Friedman & Anthony Sangiuliano, Limiting Rights to Protect Morality: Upholding Charter Values as a Pressing and Substantial Objective, (Review of...

  • 7 USCIRF Commissioners Appointed In Recent Weeks

    The U.S. Commission on International Religious Freedom is comprised of 9 voting members– 3 appointed by the President, 3 by the Senate and 3 by the House, under a formula that gives the President’s political party 5 commissioners and the other party 4 commissioners. Commissioners are appointed for 2-year terms.  In recent weeks, seven Commissioners have...

  • 9th Circuit Hears Oral Arguments In Tribe’s Challenge To Geothermal Project

    On Wednesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in Fallon Paiute-Shoshone Tribe v. U.S. Department of the Interior (video of full oral arguments). In the case, in a January 14, 2022 opinion (full text) a Nevada federal district court, among other things, rejected a claim by the Fallon Paiute-Shoshone Tribe that construction of a...

  • Ecclesiastical Abstention Doctrine Bars Mississippi Courts From Adjudicating Claims Of Fired Diocese Finance Officer

    In Catholic Diocese of Jackson, Mississippi v. DeLange, (MS Sup. Ct., June 16, 2022), the Mississippi Supreme Court held that the ecclesiastical abstention doctrine prevents Mississippi courts from adjudicating wrongful termination, defamation and infliction of emotional distress claims brought by the former Finance officer of the diocese.  Plaintiff was given several reasons for his termination...

  • Parents’ Group Says Infrastructure Appropriations To Private Schools Violate Mississippi Contitution

    A parents’ organization has filed suit in a Mississippi state trial court challenging two Mississippi laws that together appropriate $10 million for grants to private or nonpublic schools for water, sewer and broadband infrastructure projects.  The appropriated funds come from federal Coronavirus State Fiscal Recovery Funds received under the American Rescue Plan. The complaint (full...

  • Yeshiva University Must Recognize LGBTQ Student Group

    In YU Pride Alliance v. Yeshiva University, (NY Cty. Sup.Ct., June 14, 2022), a New York state trial court held that New York City’s public accommodation law requires Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance.  The University must immediately grant the organization the full and equal treatment accorded...

  • President Issues Executive Order On Equality For LGBTQI+ Individuals

    President Biden yesterday issued an Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals. (Full text). The Order sets out a long list of initiatives to be undertaken by various Cabinet departments and federal agencies. These include using federal authority to counter state laws which limit access to medically necessary care,...

  • New Jersey Township Settles RLUIPA Zoning Case With DOJ

    The Department of Justice announced yesterday that a proposed Consent Order (full text) has been filed with a New Jersey federal district court in United States v. Township of Jackson, (D NJ, filed 6/15/2022). According to the Justice Department: [The order] would resolve a lawsuit the United States filed in May 2020 alleging that the Township...

  • Meat Processor Is Not State Actor In Requiring COVID Vaccination of Employees

    In Reed v. Tyson Foods, Inc., (WD TN, June 14, 2022), a Tennessee federal district court dismissed plaintiffs’ claims that their rights under RFRA and free exercise clause were violated when their employer required them to be vaccinated against COVID.  The court held that plaintiffs were not state actors, even though the President had invoked the Defense...

  • State Department Issues International Religious Freedom Report

    On June 2, the State Department issued its annual Report to Congress on International Religious Freedom.  Issued in accordance with the International Religious Freedom Act of 1998, the Report describes the status of religious freedom in nearly 200 foreign countries. The 2000-page Report is available on the State Department’s website only in a format that allows the...

  • Synagogue Sues In Challenge To Florida’s Restrictive Abortion Law

    Suit was filed last week in a Florida state trial court by a Palm Beach County synagogue challenging Florida’s recently enacted 15-week abortion ban. The complaint (full text) in Generation to Generation, Inc. v. Florida, (FL Cir. Ct., filed June 10, 2022) contends that the law violates the free exercise, establishment, right to privacy, due process and...

  • Title VII 90-Day Right To Sue Runs From Receipt Of Email, Not From Opening It

    In Paniconi v. Abington Hospital- Jefferson Health, (ED PA, May 24, 2022), plaintiff, a 62-year-old white woman and a born-again Christian had filed a race and religious discrimination claim against her employer with the EEOC.  The EEOC sent both plaintiff and her attorney a right-to-sue letter on Sept. 8, 2021, but sent it through an...

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