even when the parents had originally agreed not to vaccinate, and one parent later changed his mind.
Religion and the Law
So the Ninth Circuit just held this morning.
"Both religion and theatre implicate the exercise of First Amendment rights, and the prioritization of religious events over secular artistic events that enjoy First Amendment free speech protection raises potentially thorny questions."
The ruling allows Religious Freedom Restoration Act claimants - in this case Muslims subjected to discriminatory treatment by the FBI - to sue for money damages against government officials.
An American Enterprise Institute "Are You Kidding Me?" podcast episode, with Naomi Schaefer Riley, Ian Rowe, and me.
A district court had held the closure likely violated the Free Exercise Clause; no, says, the Sixth Circuit.
The decision should also support secular private schools having similar rights as well. (Public schools are under control of the state government, and lack First Amendment rights against it.)
Part of the Federalist Society's "Feddie Night Fights."
Why this Religious Freedom Case is Different From the Others [updated with an important qualification]
In Fulton v. City of Philadelphia, a key case currently before the Supreme Court, there is a strong reason to rule for the government that doesn't apply in most other religious-liberty disputes.
Colorado Coronavirus Response Unconstitutionally Restricted Religious Institutions, Holds Federal Judge
Houses of worship, which the Colorado order labels "critical" institutions, must be treated at least as well as other critical institutions.
The court applied the federal Religious Freedom Restoration Act, which was enacted in 1993 by a nearly unanimous Congress.
Couple Barred from Fostering Their 1-Year-Old Great-Granddaughter Because of They Oppose Homosexuality and Gender Transitioning
The Washington Department of Child, Youth, and Families reached this decision based on the purely hypothetical possibility that maybe the 1-year-old might eventually be attracted to girls, or might want to transition to being a boy; but a federal judge just held in the great-grandparents’ favor.
The Administration claims money damages are never "appropriate" under the Religious Freedom Restoration Act - even when they are the only possible means of redressing rights violations.
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.
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.