The AG's opinion applies strict scrutiny under the First Amendment and the Kentucky Religious Freedom Restoration Act, and concludes that the medical evidence suggests total shutdowns aren't necessary to preserve public health.
Religion and the Law
The First Amendment protects "'anti-Israeli, anti-Zionist, [and] antisemitic" speech, the court correctly observes.
The case was filed against the Maricopa County Community College District, over Prof. Nicholas Damask's World Politics class.
Do Plaintiffs from Conservative Cultural/Religious Groups (e.g., Muslims) Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits?
That's what an Eleventh Circuit opinion seems to suggest, in a case where a Trinidadian Muslim plaintiff said she "come[s] from a strict Muslim household where under [their] cultural beliefs and traditions such a sexual assault would have the tendency to bring shame and humiliation upon [her] family."
The dissenting Justices stress that casinos and other establishments are subject to more lenient limits.
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
The decision is an important victory against government discrimination on the basis of religion.
N.Y. Officials' Endorsement of Anti-Racism Protests Leads to Successful Religious Freedom Challenge to Gathering Ban
"The City's argument that temporary selective enforcement of the challenged laws with respect to mass race protests is a matter of public safety ... would perhaps be legitimate but for Mayor de Blasio's simultaneous pro-protest/anti-religious gathering messages, which clearly undermine the legitimacy of the proffered reason for what seems to be a clear exemption, no matter the reason."
Conservative legal commentator and experienced religious liberties litigator David French explains why.
The Equality Act would significantly expand government power and it also threatens religious freedom.
Supreme Court (by 5-4 Vote) Rejects Free Exercise Clause Objection to California Occupancy Cap for Churches
The cap (25% of capacity or at most 100 people) also generally applies to secular gatherings, but not to various commercial establishments.
If the Mall of America can reopen on June 1, why can’t the Cathedral of St. Paul?
While governments are shutting down religious services and fining pastors who defy those orders.
So a Maryland appellate court held last month, I think quite correctly (and consistently with the broad trend in other states):
My guess is that these are quite unusual, but still noteworthy.
... for violating New York City ban on gatherings of 50 people or more.
The Supreme Court is about to tackle the issue.
The Montana Blaine Amendment Case and the Need for a Consistent Approach to Discrimination on the Basis of Religion
Conservatives want courts to consider the governments' bigoted motives in enacting anti-Catholic Blaine amendments, but not when it comes to Trump's travel ban. Liberals tend to be inconsistent in the opposite way.
The “Fairness for All Act” would add federal protections against discrimination for gay and trans people. But its exemptions go too far or not far enough, depending on who you ask.
Hearing Examiner Recommends Approval of Women-Staffed Volunteer Ambulance Service for Orthodox Jewish Women,
but the New York City Regional Emergency Medical Services Council denied the application, by a 12-7 vote.
That's the question in a First Amendment lawsuit, which a federal judge has allowed to go forward.
Vanity plates are private speech in a nonpublic forum, the court holds; restrictions on such speech must be viewpoint-neutral and reasonable.
But the technical nature of the decision might not stop future lawsuits.
Prof. Michael Broyde (Emory) responds to my post from a few weeks ago.
... as a condition of giving you a reasonable religious accommodation; quite right, I think, under Title VII religious accommodation principles.
So holds the Third Circuit, though in a narrow opinion.
A Pennsylvania court decision said they can (though relying on cases generally allowing restrictions on Public Trial Clause and First Amendment trial access rights in the interest of preventing embarrassment to witnesses).
Greek law had provided (or some Greek courts had ruled) that Greek Muslims' will disputes would be resolved under Islamic law -- but that's forbidden religious discrimination, rules the European Court of Human Rights.
The church faced a dilemma: "choosing between respect for the government and protecting the rights of a child."
Policing such behavior, the court concludes, is a matter for the states, because it isn't authorized as a regulation of commerce or as necessary and proper to comply with treaties.
And this included adoptions that the relevant Muslim country's courts had specifically authorized.
Anti-hate speech laws have gone too far.
Both right and left decry implicit government discrimination on the basis of religion when it targets groups they sympathize with. But both are all too ready to turn a blind eye in other cases.
"Islamic Fundamentalist Fervor Seems to Have Intensified, Such That Evangelical Christians May Now Be at Special Risk in Indonesia"
This leads to a rare potential victory for someone who illegally came to the U.S. from Indonesia, and who is seeking to reopen his asylum case.
Satanists Use Freedom of Religion To Call for Installation of Demonic Statue in Arkansas State Capitol
"This is a rally for all people who hold sacred the founding Constitutional principles of Religious Freedom and Free Expression..."
Thanks to legislation that passed in March, all Florida public schools must display "In God We Trust" signage in "a conspicuous place."
"The IRS recognized it as a 501(c)(3) organization and went the extra step of recognizing PCMW as a church, the most enviable of all tax statuses. exempt not only from income tax but also from the transparency that filing Form 990 creates. A church does not have to apply for exempt status, but it is a prudent step particularly for an innovative organization like PCMW."