judicialsupport

Legal Writing for Legal Reading!

Archive for the category “Reblog: Religion Clause”

Tennessee Passes Law Protecting Faith-Based Adoption/ Foster Care Agencies

This is from religionclause.blogspot.com which you can find here:

Yesterday, the Tennessee General Assembly gave final passage to HB0836 (full text) which bars denial of licensing or funding for faith-based child placement agencies. The law protects agencies that refuse to participate in placing a child for foster care or adoption in violation of the agency’s written religious or moral convictions or policies. According to AP, Gov. Bill Lee’s Communications Director says that the governor will sign the bill.

You can learn more about this issue here.

Court Refuses To Examine Parties’ Need For Jewish Religious Divorce

This is from religionclause.blogspot.com which you can find here:

In A.W. v. I.N., (Sup Ct Nassau Cty NY, Jan. 2, 2020), a New York state trial court held that the 1st Amendment precludes it from looking beyond a wife’s sworn statement that she has, to the best of her knowledge, removed all barriers to the Husband’s remarriage. NY Domestic Relations Law §253 requires such a statement from a plaintiff in a divorce action, and also provides that the court may not look into any religious or ecclesiastical issue.  In this case, the husband sought a stay in entering a final judgment of divorce because the wife refused to appear before an Orthodox Jewish religious court and accept a get (divorce document) from the husband.  According to an affidavit from a rabbi submitted by the husband, the husband is prevented from remarrying without the wife’s acceptance of a get.  The wife contends, on the other hand;

the parties were not married religiously nor was there any religious ceremony. Therefore … since there was no marriage according to Jewish Law, there is no religious divorce to be had. The Wife states that she refused the Husband’s offers for a religious wedding ceremony because she wanted to avoid any religious divorce rituals. The Wife argues that in any event, the Husband is not a practicing Orthodox Jew.

The court said in part:

It would be a violation of the First Amendment of the United States Constitution for the Court to order the Wife to participate in a religious ritual when she did not agree to do so.

You can learn more about this issue here.

Catholic School Principal’s Retaliatory Discharge Claim Dismissed

This is from religionclause.blogspot.com which you can find here:

In Rehfield v. Diocese of Joliet, (IL App., Dec. 10, 2019), an Illinois state appeals court dismissed a suit by the former principal of a Catholic school who contended that she was the victim of a retaliatory discharge. Her suit raised both common law and Whistleblower Act claims. Plaintiff’s firing came after controversy over her contacting the police about a threatening phone call from a parent to the parish priest. In dismissing the suit, the court said in part:

[T]he ecclesiastical abstention doctrine applied to Rehfield’s claims. Further, since this case involved the Diocese’s subjective decision to terminate Rehfield’s employment and did not involve church charters, constitutions and bylaws, deeds, State statutes, or other evidence that would resolve the matter the same as it would a secular dispute, we decline to employ the neutral principals of law approach…. Last, because we find the ecclesiastical abstention doctrine applied to Rehfield’s claims, we need not address … whether claims for common law retaliatory discharge are available to contractual employees.

You can learn more about this issue here.

3rd Circuit Affirms Dismissal of Title VII Religious Discrimination Suit

This is from religionclause.blogspot.com which you can find here:

In Darby v. Temple University, (3d Cir., Dec. 4, 2019), the U.S. Third Circuit Court of Appeals affirmed the dismissal of plaintiff’s claim under Title VII that he was fired by Temple University because of his religion.  The court said in part:

[Plaintiff] states that he wore a cross on a chain around his neck, that he read the bible on breaks, that he spoke openly about attending church services, and that he was employed at Temple for a lengthy period of time. But none of the evidence he produced is sufficient to reasonably infer that his coworkers knew his Baptist identity. More important, none of it relates directly to the person, Thomas Johnston, who terminated his employment. He does not proffer any evidence to show that Johnston knew of his religious affiliation.

Penn Live reports on the decision.

You can learn more about this issue here.

 

 

6th Circuit Rules In Firefighter’s Claim of Retaliation for Religious Speech

This is from religionclause.blogspot.com which you can find here:

In Hudson v. City of Highland Park, Michigan, (6th Cir., Nov. 22, 2019), the U.S. 6th Circuit Court of Appeals in part reversed a district court’s dismissal of claims by a firefighter that he was dismissed in retaliation for his religious views.  The court summarized the facts:

Hudson worked for the Highland Park Fire Department from 2002 to 2015. Over time, he developed a reputation for two things: being an effective firefighter and being outspoken about his Christian faith. According to Hudson, the other firefighters had reputations too—for watching pornography in communal spaces and engaging in extra-marital affairs at the fire station. All of this created tension. He criticized their behavior, and they responded with disrespectful comments about his religious practices and sexual orientation. The back and forth went on for five years.

Hudson was fired after he claimed extra hours on his time sheet and reported he had worked the same shift for two different employers. The 6th Circuit held, however, that Hudson had shown enough to avoid dismissal on the pleadings of his claim that the Chief had fired him because of his speech. The court however affirmed the dismissal of his Title VII religious discrimination claim, saying in part:

Employees are free to speak out about misconduct in the workplace without subjecting themselves to discharge for rocking the boat…. Employees are no less free to root legitimate criticisms about the workplace in their faith than in any other aspects of their worldview. For many people of faith, their religion is not an abstraction. It has consequences for how they behave and may require them to be witnesses and examples for their faith. That reality does not permit differential treatment of them because they criticize behavior on moral grounds stemming from religious convictions as opposed to moral grounds stemming from secular convictions. “Let firemen be firemen” is not a cognizable defense to Title VII claims based on gender discrimination, race discrimination, or faith-based discrimination.

Even so, Hudson’s disparate treatment claim fails…. He cannot show that the city’s justification for his discharge amounted to a pretextual basis for discriminating against him because of his faith. The fire department put forth a legitimate, non-discriminatory reason for treating Hudson differently. He falsified his time-sheets while other firefighters did not.

Judge Kethledge, dissenting in part, would have affirmed the dismissal of Hudson’s claim that he was fired in retaliation for his speech. Judge Stranch dissented in part, contending that Hudson should have been allowed to move ahead on his hostile work environment claim which the majority held should be dismissed.

You can learn more about this issue here.

Proselytizing Does Not Rise To Level of Intentional Infliction of Emotional Distress

This is from religionclause.blogspot.com which you can find here:

In Trombetta v Kruse, (NY Civ. Ct., Nov. 19, 2019), a New York state trial court held that a proselytizing pamphlet and a subsequent e-mail did not amount to intentional infliction of emotional distress, nor was any injury proven. According to the court:

The pamphlet … shows a cartoon depiction of a catholic who is sent into the “lake of fire” to “burn in hell” for practicing as a catholic, instead of following the version of Christianity promoted by the pamphlet which is evangelical Baptist. The tract urges the reader to reject Catholicism, or be barred from heaven….

… [D]efendant wrote plaintiff an email that included the following statements: … My family does not believe and, if any of them were to die tomorrow, they would not go to heaven but to hell. I sent them tracts because I do not want them to go to hell. I want them to go to heaven. It is what I want for you too.

The court held in part:

The First Amendment to the United States Constitution prohibits the courts of this State from evaluating the religious beliefs of a church or individual….

While the court understands why the plaintiff found the tract and email disturbing, the court does not find that the conduct rose to the level of intentional infliction of emotional distress.

You can learn more about this issue here.

5th Circuit Upholds Stay of Execution For Buddhist Inmate

This is from religionclause.blogspot.com which you can find here:

In Murphy v. Collier, (5th Cir., Nov. 12, 2019), the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, upheld a stay of execution granted last week by a Texas federal district court in the case of a Buddhist inmate who challenges the access he will have to his religious adviser prior to his execution. The district court granted a stay to allow it time to explore factual concerns about the balance between the inmate’s religious rights and the prison’s valid concerns for security. (See prior posting.) Christian and Muslim inmates have access to chaplains until the moment they enter the execution chamber.  Members of other religions have access to their outside clergy only until 5:00 p.m.on the day of execution. In his majority opinion for the 5th Circuit, Judge Dennis wrote in part:

We conclude that the district court did not abuse its discretion in granting Murphy’s stay. We agree with the district court’s implicit finding that Murphy has a strong likelihood of success on the merits of his claim that the TDCJ policy violates his rights by allowing inmates who share the same faith as TDCJ-employed clergy greater access to a spiritual advisor in the death house.

Judge Elrod dissented, saying in part:

Because I believe Murphy did not demonstrate that he is likely to succeed on his brand-new, untimely, and unexhausted claim regarding the TDCJ’s pre-execution holding-area protocol, I would hold that the district court abused its discretion in granting Murphy’s motion for stay of execution.

CNN reports on the decision.

You can learn more about this issue here.

Organization Lacks Standing To Claim Sexual Orientation Discrimination By Christian Business Owners

This is from religionclause.blogspot.com which you can find here:

In Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals(KY Sup. Ct., Oct. 31, 2019), The Kentucky Supreme Court dismissed on standing grounds a suit against a small business whose Christian owners refused on religious grounds to print T-shirts for a Pride Festival. The court held that because the discrimination complaint was filed only by a gay-rights organization, plaintiff lacks statutory standing:

[B]ecause an “individual” did not file the claim, but rather an organization did, we would have to determine whether the organization is a member of the protected class, which we find impossible to ascertain. No end user may have been denied the service who is a member of the protected class, or perhaps one was. If so, then the determination would have to follow whether the reason for denial of service constitutes discrimination under the ordinance, and then whether the local government was attempting to compel expression, had infringed on religious liberty, or had failed to carry its burden under KRS 446.350. But without an individual, as required by Section 2-32(2)(a), this analysis cannot be conducted.

Justice Buckingham filed a concurring opinion, arguing that the Human Rights Commission had unconstitutionally attempted to compel the business to express ideas with which it disagreed.

You can learn more about this issue here.

Cert. Denied In Challenge To High School Unit On Islam

This is from religionclause.blogspot.com which you can find here:

On Tuesday, the U.S. Supreme Court denied review in Wood v. Arnold, (Docket No. 18-1438, certiorari denied 10/15/2019). (Order List.)   In the case, the 4th Circuit Court of Appeals rejected a high school student’s Establishment Clause and compelled speech challenges to a classroom unit on The Muslim World.  One challenge was to the teacher’s Power Point slide which included the statement that most Muslims’ faith is stronger than that of the average Christian.  The other challenge was to the requirement on a work sheet for the student to fill in two words of the shahada. (See prior posting.) The Free Thinker blog has more on the case.

You can learn more about this issue here.

Citizen Lacks Standing To Challenge City’s Annual Menorah Lighting

This is from religionclause.blogspot.com which you can find here:

In Taylor v. City of Flagstaff, (D AZ, Oct. 9, 2019), an Arizona federal district court held that a citizen of Flagstaff, Arizona lacked standing to challenge the constitutionality of the city’s annual Grand Menorah Lighting at City Hall.  The court said in part:

Although Plaintiff is a resident of Flagstaff…, Plaintiff did not allege that he has had direct contact with the Grand Menorah Lighting at City Hall, or any other religious ceremony purportedly held in City Hall. According to the Complaint, Plaintiff’s contact with the Grand Menorah Lighting at City Hall has, at most, been via newspaper articles reporting the “Flagstaff Hanukkah tradition.”…. While Plaintiff alleges that he has been “quite concerned” and “very disturbed” by the Grand Menorah Lighting at City Hall, … —without more, the injury asserted by Plaintiff is too generalized and remote to confer standing….

The court concluded that the same test for standing applies to both plaintiff’s Establishment Clause claim and his claim under the no-aid provision of the state constitution.

You can learn more about this issue here.

Post Navigation