President Biden Sends Easter Greetings

The White House today posted a Statement from President Biden (full text) sending Easter greetings to the world's Christians.  The Statement reads:

Jill and I send our warmest wishes to Christians around the world celebrating Easter Sunday. Easter reminds us of the power of hope and the promise of Christ’s Resurrection.

As we gather with loved ones, we remember Jesus’ sacrifice. We pray for one another and cherish the blessing of the dawn of new possibilities. And with wars and conflict taking a toll on innocent lives around the world, we renew our commitment to work for peace, security, and dignity for all people.

From our family to yours, happy Easter and may God bless you.

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 3/13/2024), says that with the election of a new mayor in 2022, the city ended its prior support for the food ministry and used zoning rules to attempt to end its operations. The city contends that the growth of the church's Food Ministry has changed it sufficiently that it may no longer rely on its prior treatment as a legal non-conforming use. The church alleges that the city's actions violate RLUIPA, the Free Exercise Clause, and Arizona's Free Exercise of Religion Act. First Liberty issued a press release announcing the filling of the lawsuit.

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 adhere to the organization's Statement of Faith. The Grant Program's rule bars grantees from favoring co-religionists as employees or volunteers. The complaint (full text) in Yourh 71Five Ministries v. Williams, (D OR, filed 3/4/2024), contends that the rule violates its Free Exercise and Free Expression rights, saying in part:

Because it emphasizes one-to-one mentoring and creating authentic, trusting relationships, 71Five Ministries depends on its staff and volunteers to fulfill the ministry’s distinctly Christian mission and purpose....

Defendants cannot disqualify otherwise eligible religious organizations from participation in otherwise available government benefit programs, including the Youth Community Investment Grant Program, “solely because of their religious character,”

ADF issued a press release announcing the filing of the lawsuit.

House Members Protest Invited Guest Chaplain

Yesterday, 26 members of the U.S. House of Representatives Freethought Caucus sent a letter (full text) to House Speaker Mike Johnson and the House Chaplain questioning why California-based pastor Jack Hibbs was invited to deliver an opening prayer in the House of Representatives.  The letter reads in part:

The undersigned members write to express our concerns about Speaker Johnson’s sponsorship of Pastor Jack Hibbs as the Guest Chaplain of the House of Representatives. Pastor Hibbs is a radical Christian Nationalist who helped fuel the January 6th insurrection and has a long record of spewing hateful vitriol toward non-Christians, immigrants, and members of the LGBTQ community. He should never have been granted the right to deliver the House’s opening prayer on January 30, 2024.  

In the days leading up to the attack on the Capitol, Hibbs echoed Donald Trump’s election fraud lies and inflamed his followers by preaching that January 6th would go down in history alongside the War of Independence and the War of 1812. By preaching that God had anointed the Trump administration and could still intercede to save Trump’s presidency on January 6th, Hibbs advanced a religious permission structure that led to violence by those who believed any means were justified to carry out what they viewed as God’s plan....

Questions of Fact Remain in Challenge to Application Process for Prison Chaplaincy Supervisor

 In Bridges v. Prince Georges County, Maryland, (D MD, Feb. 1, 2024), a Maryland federal district court refused to grant summary judgment for either plaintiff or the defendants in a suit by a Muslim chaplain alleging that his 1st Amendment rights were violated by the application process for a paid supervisory position at the county detention center.  At issue was a "Statement of Applicant's Christian Faith" that was part of the application form created by Prison Ministry of America (PMA) which, under contract with the county, was to provide a non-denominational chaplain supervisor for the jail.  After finding that plaintiff had standing and that PMA was a state actor during the hiring process, the court said in part:

Because a reasonable jury could find the Statement of Christian Faith to be “a religious test” ..., summary judgment cannot be granted in favor of Defendants on this count.  However, Defendants’ assertion that the Statement was optional creates a sufficient dispute of material fact as to render summary judgment inappropriate in Plaintiff’s favor, as well....

Regardless of whether the Statement of Christian Faith was mandatory or not, the inclusion of such a statement, especially given that it appeared on its face to be required, clearly employed a non-neutral policy as it specifically allowed for participation by Christians and no others.  This non-neutral practice, then, could be viewed by a reasonable jury as placing a burden on Plaintiff’s religious expression by denying him the ability to apply for a job that he otherwise would have been able to seek, due to his religion....  As such, a reasonable jury could find that this burdened Plaintiff’s freedom of expression and that the policy was not narrowly tailored to meet a compelling government interest, and thus summary judgment cannot be granted in favor of Defendants.  However, the question of whether the inclusion of the Statement of Christian Faith in the application burdened Plaintiff’s religious exercise, given Defendants’ assertion that the Statement of Christian Faith was not actually required, creates a genuine dispute of material fact, and, therefore, summary judgment cannot be granted in favor of Plaintiff, either.

Church Sues City Over Operation of Ministry for Homeless

Suit was filed yesterday in an Ohio federal district court seeking to enjoin the city of Bryan, Ohio from enforcing its zoning ordinances in an attempt to prevent a Christian church that ministers to the homeless from remaining open 24-hours a day. The complaint (full text) in Dad's Place of Bryan, Ohio v. City of Bryan, (ND OH, filed 1/22/2024), contends that the city has begun "a coordinated effort to exclude ministries from operating downtown." The city has charged the church's pastor with 18 criminal counts for allowing homeless to reside on the property for an extended amount of time in violation of zoning rules. The Church in its complaint contends that the city has violated the 1st and 14th Amendments, RLUIPA, the Fair Housing Act and the Ohio Constitution. First Liberty Institute issued a press release announcing the filing of the lawsuit.

UPDATE: Friendly Atheist has additional background on the city's concerns regarding the church's activities.

School Board Not Liable for Teacher's Proselytization of Muslim Student

In Chaudhry v. Community Unit School District 300 Board of Education, (ND IL, Dec. 29, 2023), an Illinois federal district court dismissed Establishment Clause, Due Process and Equal Protection claims by Muslim parents against an Illinois school board that employed teacher Pierre Thorsen who convinced their daughter to convert to Christianity.  The court said in part:

[T]he complaint continues to state an implausible theory of Monell liability because it does not plead enough factual matter to raise the inference that any assertedly unconstitutional practice had become so widespread that the Board was bound to have noticed it. It likewise continues to fail to plausibly allege that anyone other than Thorsen was the moving force behind any of the Parents’ asserted injuries.... At best, the Parents have alleged facts consistent only with the “isolated wrongdoing of one . . . rogue employee[].”... Because Monell does not allow for respondeat superior liability, these claims are not plausibly pleaded, and they therefore fail.

Christian School Sues Vermont Challenging Sexual Orientation and Gender Identity Rules

Suit was filed yesterday in a Vermont federal district court by a Christian school seeking to participate in the state's Town Tuitioning and Dual Enrollment Programs as well as in Vermont Principals' Association athletic competitions. It has been precluded from doing so because of rules banning it from discriminating on the basis of sexual orientation or gender identity in order to participate. Two families whose children participate in athletics at the school are also plaintiffs. The complaint (full text) in Mid Vermont Christian School v. Bouchey, (D VT, filed 11/21.2023), alleges in part:

The State-through its Agency of Education ... and the Vermont Principal's Association ... requires religious schools like Mid Vermont Christian School ... to follow (and affirm compliance with) laws, rules, and policies that prevent those schools from operating consistently with their religious beliefs about sexuality and gender.

ADF issued a press release announcing the filing of the lawsuit.

West Virginia School Settles Suit Over Religious Activities

The Freedom From Religion Foundation announced yesterday the settlement of a suit against a West Virginia school, its principal and a substitute teacher for scheduling and hosting an evangelical Christian revival as an assembly in the school auditorium during homeroom period in violation of the Establishment Clause.  Yesterday the parties jointly dismissed Mays v. Cabell County Board of Education, (SD WV, dismissed 10/26/2023).. According to FFRF:

As part of a settlement, the board agreed to amend its policies relating to religion in schools. The board voted on Oct. 17 to adopt the policy revisions. Significantly, those changes require annual training of teachers about religion in school. School administrators also are tasked with greater monitoring of school events. Finally, the policy provides greater detail to ensure that employees do not initiate or lead students in religious activities. [Full text of amended policy.]

The settlement also includes nominal damages and attorneys' fees of $175,000 paid by the school board's insurers. (See prior related posting.)

Principal Can Move Ahead with Claim He Was Nonrenewed Because of Speech to Fellowship of Christian Athletes

In Littlefield v. Weld County School District RE-5J, (D CO, Oct. 19, 2023), a Colorado federal district court refused to dismiss a retaliation claim against a school Superintendent brought by a former high school principal who was demoted and then whose contract was not renewed. Plaintiff, who alleged discrimination because he was a conservative Christian male, claimed that these action against him were taken because of a motivational speech he had given to the Fellowship of Christian Athletes before school started. The court said in part:

Dr. Littlefield has plausibly alleged that Ms. Arnold retaliated against him for his association with the FCA in violation of his First Amendment rights when she issued a negative performance review and demoted him.

Plaintiff's freedom of association claim against the Assistant Superintendent of Human Resources was dismissed.

Reservist Challenges Military's Admonition of Him for His Remarks at Retirement Ceremony

Suit was filed this week in a Texas federal district court by Jace Yarbrough, a Major in the Air Force Reserve, challenging a Letter of Admonition issued to him by the military for the content of remarks he made while speaking, in uniform, at a retirement ceremony for Senior Master Sergeant Duane Fish, an Air Force flight superintendent with whom he worked closely and with whom he shared religious beliefs and values.  The complaint (full text) in Yarbrough v. United States Space Force, (ED TX, filed 10/3/2023), asserts that Yarbrough's Christian faith is central to his worldview, conduct and speech. The complaint describes the remarks at issue as encouraging people to practice the courage and virtue exemplified by SMSgt Fist.  It goes on:

92. In keeping with that theme, [Yarbrough] expressed his personal concerns about the negative impact of politicization within the military.... He worried that “radical” factions in “our wider culture” have “brought the culture war inside the DoD,” and that politicization of the military would be “a death knell for courage and competence.” 

93. To support his views, he drew on the teachings and thought of Eastern Orthodox Christian and writer Aleksandr Solzhenitsyn ... regarding the corrosive cultural consequences of dishonesty and self-deception.... 

94. Mr. Yarbrough gave two examples of objective realities he believes are known intuitively to all persons as persons: 1) “men can’t birth babies” and 2) “boys should not be allowed in girls’ locker rooms.” 

95. He expressed his faith-based belief that forcing people to deny such self-evident beliefs “requires constant . . . self-deception,” which can “habituate [us] to dishonesty” and cause us to lose our “grip on objective reality,” making us “less capable and less effective in our world.... 

96. As part of his warning against politicization, he referenced “recent DoD-wide extremism training” that he had attended, in which he “was relieved to see that [his] teammates recognized that training for what it was, a thinly veiled flex of political power.”...

The suit alleges that the Letter of Admonition, among other things, violated the Religious Freedom Restoration Act, as well the Free Exercise, Free Speech and Establishment Clauses.

First Liberty Institute issued a press release, including a link to the full text of plaintiff's remarks at the retirement ceremony.

Faith-Based Foster Care Agency May Limit Clients to Those with Compatible Religious Beliefs

 In two decisions issued last week, a South Carolina federal district court rejected Establishment Clause challenges to waivers from federal anti-discrimination requirements granted faith-based child placement agencies.  In Rogers v. U.S. Department of Health & Human Services, (D SC, Sept. 29, 2023), plaintiff challenged an Executive Order issued by the governor of South Carolina allowing licensing of religious child placement agencies that worked only with clients who shared their religious beliefs. At issue in the case was the rejection by Miracle Hill Ministries of a foster-parent application submitted by a same-sex couple who belonged to the local Unitarian-Universalist Church. The court rejected plaintiffs' Equal Protection claim because plaintiffs had not identified any state action involved.  It rejected their Establishment Clause claim, saying in part:

Plaintiffs’ legal premise is based on the now abandoned framework of the “Lemon Test” by focusing their argument on the third factor in Lemon regarding an “excessive government entanglement with religion.” ... Instead, based on historical practices and understandings which Kennedy requires, Establishment Clause protections are more likely triggered “when the government use[s] the established church to carry out certain civil functions, often by giving ‘the established church a monopoly over a specific function.’” ...

Plaintiffs identify but misstate three “hallmarks” of “founding-era religious establishments” that “reflect[] ‘forms of coerc[ion]’ regarding ‘religion or its exercise.’”... Stated in full, they are: 1) “the government punished dissenting churches and individuals for their religious exercise,” 2) “the government provided financial support for the established church, often in a way that preferred the established denomination over other churches,” and 3) “the government used the established church to carry out certain civil functions, often by giving the established church a monopoly over a specific function[.]” ...

Plaintiffs fail to meet their burden to show that these “hallmarks” exist here...

In Madonna v. U.S. Department of Health & Human Services, (D SC, Sept. 29, 2023), plaintiff was rejected by Miracle Hill because she did not share its evangelical-Christian beliefs and could not affirm its statement of faith. Rejecting plaintiff's Establishment Clause claims, the court said in part:

Defendants did not compel Maddonna to sign Miracle Hill’s statement or leave her without an adequate alternative to signing it. To the contrary, Maddonna could foster the same children at any of twenty-six other private agencies in the State... or with the State itself....  Accordingly, Maddonna has not shown “a historically disfavored establishmentarian practice” based on a claim of “subtle and indirect pressure.”...

Maddonna’s attempt to implicate an impermissible religious accommodation is foreclosed by Fulton v. City of Philadelphia, an analogous case in which the Supreme Court found the denial of a similar religious accommodation for foster care agencies burdened the Free Exercise Clause.

Becket issued a press release announcing the decisions.

Suit Says High Schoolers Deceived Into Attending Christian Religious Event

Suit was filed this week in a Louisiana federal district court by two plaintiffs suing on behalf of themselves and their high-school age daughters alleging that the Baton Rouge school board and its superintendent, along with a Christian youth organization, in 2022 created a religious "Day of Hope" event that was falsely promoted to public school students and their parents as a college and career fair. The complaint (full text) in Roe v. East Baton Rouge Parish School Board, (MD LA, filed 9/19/2023), alleges in part:

When students, parents, and other volunteers arrived for the “Day of Hope” event ..., it very quickly became evident to them that the event was nothing like what had been advertised. The event immediately took the form of a Christian church service, with speakers and presenters praying and making repeated, overt appeals to Jesus and God.....

Later that morning, students were segregated by gender....  [P]resenters and facilitators of the event acted with hostility toward transgender and gender non-binary students, ... forcing them into either the male or female segregated gender group based on their outward appearance and without their consent....

While the boys competed in physical activity contests for prize money, girls were graphically lectured by pastors and other religious figures about virginity, rape, abuse, and suicide and were even told to “forgive” their rapists and abusers....

Intimidation and harassment of LGBTQ+ students at this church event were likewise rampant....

The suit alleges claims under the Establishment Clause as well as various civil rights and state law violations. BRProud reports on the lawsuit.

EEOC Sues Over Refusal of Religious Accommodation from Vaccine Mandate

The EEOC announced yesterday that it has filed a Title VII suit against Arkansas-based Hank’s Furniture, Inc. for refusing to grant an employee a religious exemption from the company's Covid vaccine mandate. According to the EEOC:

When the Pensacola assistant store manager requested an accommodation exempting her from the requirement due to her Christian beliefs, her store manager and immediate supervisor informed her that the company would strip her of her management position if she refused to comply with the policy, no matter the reason. Despite her verbal and written requests for a religious accommodation, which Hank’s Furniture could have honored without undue hardship, the EEOC says, the company denied her requests and terminated her employment.

9th Circuit En Banc: California School District Must Recognize Fellowship of Christian Athletes Clubs

In Fellowship of Christian Athletes v. San Jose Unified School District board of Education, (9th Cir., Sept. 13, 2023), the U.S. 9th Circuit Court of Appeals sitting en banc, in a set of opinions spanning 134 pages, held that Fellowship of Christian Athletes (FCA) is entitled to a preliminary injunction requiring the school district to restore recognition to FCA chapters as student clubs. Because FCA requires its officers to affirm a Statement of Faith and abide by a sexual purity policy, i.e. because a homosexual student could not be an officer of FCA, the District had revoked FCA's recognition. The court said in part:

While it cannot be overstated that anti-discrimination policies certainly serve worthy causes—particularly within the context of a school setting where students are often finding themselves—those policies may not themselves be utilized in a manner that transgresses or supersedes the government’s constitutional commitment to be steadfastly neutral to religion. Under the First Amendment’s protection of free exercise of religion and free speech, the government may not “single out” religious groups “for special disfavor” compared to similar secular groups.... 

The District, rather than treating FCA like comparable secular student groups whose membership was limited based on criteria including sex, race, ethnicity, and gender identity, penalized it based on its religious beliefs. Because the Constitution prohibits such a double standard—even in the absence of any motive to do so—we reverse the district court’s denial of FCA’s motion for a preliminary injunction....

Plaintiffs are likely to succeed on their Free Exercise claims because the District’s policies are not neutral and generally applicable and religious animus infects the District’s decision making.

Judge Forrest filed a concurring opinion contending that the case should be seen as a free-speech care more than a religious freedom case.

Judge Smith filed an opinion concurring in part and dissenting in part, with two other judges partially joining his opinion. Judge Sung filed an opinion concurring in part and dissenting in part. Chief Judge Murguia filed a dissenting opinion, joined in part by Judge Sung.

National Review reports on the decision.

Suit By Christian Ministry Says Quebec Wrongly Cancelled Its Use of Convention Center

In Canada, suit was filed last week in a Quebec trial court by the Christian organization Harvest Ministries International challenging the province's cancellation of the organization's contract reserving the Quebec City Convention Centre for its Faith, Fire and Freedom Rally.  According to the Motion to Institute Proceedings (full text) in Harvest Ministries International v. Proulx, (Quebec Dist. Ct., filed 8/2/2023), the reservation was cancelled because Harvest Ministries anti-abortion views contradict Quebec's fundamental principles, even though the Rally itself was not an anti-abortion event.  The suit alleges that the cancellation violates Harvest Ministries' freedom of religion, expression and assembly and its right equality protected by Quebec's Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms. It seeks damages of $212,000. The Justice Centre For Constitutional Freedoms issued a press release announcing the filing of the lawsuit.

Challenges To School's Transgender Bathroom Policy Dismissed

In Doe No. 1 v. Bethel Local School District Board of Education, (SD OH, Aug. 7, 2023), an Ohio federal district court, in a 52-page opinion, dismissed a wide-ranging group of challenges-- including due process, equal protection and free exercise challenges-- to a school board policy allowing students to use school bathrooms corresponding to their gender identity. The court said in part:

All Plaintiffs claim that the School District is “providing communal intimate facilities for transgender students in accordance with their believed core identity while denying the Muslim and Christian families communal intimate facilities in accordance with their believed core identity.”...

Parents have a right to make the initial choice about where their child attends school.... But inventing a constitutional right to strike down a state school’s choices about curriculum and school operations would impermissibly extend that right and, in our pluralistic society, require State schools to cater to inconsistent obligations from parents who may have different moral objections about how a school operates.... The substantive protections in the Due Process Clause do not extend so far....

The Muslim and Christian Plaintiffs—parents and students alike—allege that the School District’s actions have burdened the exercise of their religion.... Namely, both student groups have sincerely held religious beliefs that prevent them from sharing bathrooms with the opposite gender and receiving instruction about LGBTQ+ beliefs.... In exposing the Muslim and Christian Student Plaintiffs to the prospect that they will encounter a transgender individual in the bathroom, the School District has allegedly indirectly burdened the exercise of their faith because they have caused them to refrain from using the bathroom.... As to the Muslim and Christian Parent Plaintiffs, they allege that the School District’s actions are denying them “the ability to exercise their good-faith religious beliefs in raising their children in [their] faith.”... 

... [T]he School District’s policy ... is neutral and generally applicable. As a reminder, the School District announced that it would allow students to use the bathroom that corresponded with their gender identity..... This is (1) facially neutral because it makes no reference, overt or implied, to religion or religious conduct; and (2) generally applicable because it restricts religious and nonreligious conduct equally—every student gets to use the bathroom that corresponds with their gender identity.....

Moreover, Plaintiffs’ complaint does not hint of any plausible fact that suggests the School District is using this policy to suppress religious beliefs, as the School District’s actions make no mention of, and do not reference, religion whatsoever....

Because the bathroom policy is generally applicable, it is subject only to rational basis review. 

Cincinnati Enquirer reports on the decision.

9th Circuit: Fire Chief's Dismissal Was Not Motivated by Religious Discrimination

In Hittle v. City of Stockton, California, (9th Cir., Aug. 4, 2023), the U.S. 9th Circuit Court of Appeals affirmed a district court's dismissal of a religious discrimination suit under Title VII and the California Fair Employment and Housing Act brought by the city's former Fire Chief.  Among the several reasons given to plaintiff by the city for his dismissal was his attendance at a religious leadership event on city time and with use of a city vehicle, and his approval for three other Department employees to also attend. The city had also received anonymous complaints that plaintiff gave favored treatment to other employees who were part of his Christian coalition. The court said in part:

Hittle must demonstrate that his religion was “a motivating factor” in Defendants’ decision to fire him with respect to his federal claims, ..., and that his religion was “a substantial motivating factor” for his firing with respect to his FEHA claims....

[B]ecause neither Montes nor Deis made any remarks demonstrating their own hostility to religion, but focused on the Summit’s lack of benefit to the City and other evidence of Hittle’s misconduct, Hittle failed to demonstrate that hostility to religion was even a motivating factor in his termination....

... [B]ased on the record before us, the district court’s granting of summary judgment in Defendants’ favor was appropriate where Defendants’ legitimate, non-discriminatory reasons for firing Hittle were, in sum, sufficient to rebut Hittle’s evidence of discrimination, and Hittle has failed to persuasively argue that these non-discriminatory reasons were pretextual.

In a press release, First Liberty Institute said it would seek review of the 9th Circuit panel's decision.

6th Circuit Hears Oral Arguments In Wedding Photographer Case

On Friday, the U.S 6th Circuit Court of Appeals heard oral arguments (audio of full oral arguments) in Chelsey Nelson Photography LLC v Louisville Jefferson Co KY. In the case, a Kentucky federal district court held that Louisville's public accommodation ordinance violates the free speech rights of a Christian wedding photographer who has moral and religious objections to same-sex marriages. (See prior posting.) Louisville Public Media reports on the oral arguments.

Some Claimed Exemptions From Vaccine Mandate Were Not Religious In Nature

In Ellison v. Inova Health Care Services, three hospital employees sued because their claims for religious exemptions from the Covid vaccine mandate were rejected.  They asserted that their employer violated Title VII by failing to accommodate their religious beliefs. The court found that only the aborted fetal cell objections of one defendant were adequately linked in the pleadings to plaintiff's religious beliefs.  Other objections to the vaccine were not religious in nature.  The court said in part: 

In Ellison’s request for exception, he claims that, as a Christian, he has a right to refuse the vaccine. Specifically, he claims that the Bible requires Christians to treat their bodies as “temple[s] of the Holy Spirit,” meaning that he is “compel[led]” to care for his mind and body.... And because, in his view, taking the COVID-19 vaccine would “introduce to [his] body a medication that could induce harm,” he claims that complying with the hospital’s policy would be “antithetical to [his] desire to honor God.”...

... [T]he Court finds that, though couched in religious terms, Ellison refused the vaccines based on concerns of vaccine safety.

Two of the plaintiffs claimed that they pray over their health care decisions and follow God's answers.  The court rejected this, calling it an unverifiable claim of a blanket privilege that undermines our system of ordered liberty.