In Elane Photography v. Willock, the New Mexico state supreme court has decided to reject a professional photographer’s statutory and constitutional claims that she could not be required to photograph a lesbian couple’s commitment ceremony. Filed under a state law barring discrimination based on sexual orientation in “public accommodations” (which nowadays is often defined to include […]
Archive | Religion and the Law
£85,000 Fine for Stating That It’s Permissible to Kill Anyone Who Disrespects Mohammed
The PressGazette (UK) reports: Ofcom [the UK communications regulatory body] has fined an Islamic TV channel £85,000 after it broadcast statements saying it was acceptable to murder anyone who disrespects the Prophet Mohammed. The decision appears to be the one that starts on p. 18 of this document; Ofcom found that Noor violated the prohibition […]
“Mature Minors” and Refusal of Likely Life-Saving Treatment
In re Sheila W. (Wisc. July 10, 2013) involves this issue, though the court declines to reach the question on grounds of mootness: The petitioner, Sheila W., is a minor who was diagnosed with aplastic anemia. She opposed on religious grounds any life-saving blood transfusions and her parents supported her position. [Sheila W. is a […]
Foreign Judgments in American Courts Based on Overseas Solicitation of Religious Donations
Ohno v. Yasuma (9th Cir. July 2, 2013) offers a very detailed discussion of the matter. Here’s the introduction, the statement of facts, and the conclusion; look at the opinion itself for the reasoning: Our case involves novel issues concerning the enforcement of foreign-country money judgments that assertedly implicate the defendant’s freedom of religion. Naoko […]
Judge Holds That Particular Sorts of Yoga Classes in Public School Are Constitutionally Permissible
The L.A. Times reports: Dean Broyles, president and attorney for the Escondido-based National Center for Law and Policy, had filed a lawsuit on behalf of a couple with two children in the [Encinitas Union School District]. The suit sought to have the program ousted as a violation of state law prohibiting the teaching of religion […]
Bill to “Protect Christmas and Thanksgiving”
The Missouri Legislature just passed a bill, introduced by Rep. Rick Brattin, aimed to “protect Christmas and Thanksgiving” (the AP’s paraphrase of the representative); the representative “said Christmas has particularly come under criticism from groups seeking to wipe out public references to religion. ‘In schools, especially, they’re not even allowed to mention the word[.]’” The […]
When You’re a Schoolteacher Observing a Tuesday Sabbath, You’re Likely to Have Problems
From Slocum v. Devezin (E.D. La. June 3, 2013): Here, Defendants do not challenge the sincerity of Plaintiff’s religious convictions or that part of her religion — her Sabbath [which runs from 10 am Tuesday to 10 am Wednesday each week] — conflicts with her employer’s requirement that she work on Tuesdays…. Assuming for the […]
“Airport Garage Now Muslim House of Worship”
So reads the title of a column by political writers Matier & Ross at SFGate.com: Muslim cabbies now have their very own place at San Francisco International Airport to wash their hands and feet before they pray. Under Islamic law, Muslims are required to pray five times a day — a ritual that also calls […]
EEOC Claims Trucking Company Must Accommodate Muslim Employee’s Religious Objections to Transporting Alcohol
That’s the argument made in EEOC v. Star Transport Co. (C.D. Ill. filed May 29, 2013), a lawsuit brought by the EEOC on behalf of two employees, Mahad Abass Mahamed and Abdikarim Hassan Bulshale. (Thanks to Prof. Howard Friedman (Religion Clause) for the pointer.) Pamela Geller (Atlas Shrugs) condemns this, writing, among other things, Islamic […]
Puns as Legal Analysis
A comment reminded me of this passage from Justice Stevens’ opinion in County of Allegheny v. ACLU: It is also significant that the final draft [of the Establishment Clause] contains the word “respecting.” Like “touching,” “respecting” means concerning, or with reference to. But it also means with respect — that is, “reverence,” “good will,” “regard” […]
New Establishment Clause Case for the Supreme Court
The Court just agreed to hear Town of Greece v. Galloway, a case involving legislative prayer. In Marsh v. Chambers (1983), the Supreme Court upheld legislative prayers against an Establishment Clause challenge, based on the very long American tradition of such prayers (dating back to the same First Congress that proposed the Establishment Clause); nonetheless, […]
Proposed California Bill Would Strip Youth Groups’ Sales Tax Exemption If They Discriminate Based on Sexual Orientation or Religious Affiliation
By Eugene Volokh on April 10, 2013 6:11 pm in Freedom of Association, Gay Rights, Religion and the Law
The proposed law, Senate Bill 323 seems pretty clearly aimed at the Boy Scouts, who would lose the exemption unless they reject both their policy against gays and their requirement of belief in God. The sales/use tax exemption is likely not a very big deal for the Scouts, but I take it that there might […]
Canon Law in American Courts, or, Real Nun or Fake Nun?
From McCarthy v. Fuller (7th Cir. Apr. 10, 2013), an interesting opinion by Judge Posner (some paragraph breaks added), with the first appearance of “exclaustration” in a Westlaw-accessible American court decision: These three interlocutory appeals arise from a complicated and acrimonious litigation, charging RICO, trademark, and copyright violations along with Indiana torts, that has been […]
North Carolina Legislators Arguing That the Establishment Clause Should Be Seen as Not Incorporated Against the States by the Fourteenth Amendment
A bunch of readers pointed me to a North Carolina bill that would express the legislators’ view that the Establishment Clause shouldn’t be seen as applicable to the states, so I thought I’d offer some general thoughts about the subject. Here is the bill, in relevant part: The North Carolina General Assembly asserts that the […]
Another Example of Unconstitutional Religious Discrimination in Virginia Marriage Law
By Ilya Somin on April 4, 2013 12:49 am in Atheism, Fourteenth Amendment, Religion, Religion and the Law
Co-blogger Eugene Volokh recently linked to a Virginia state court decision striking down as unconstitutional a state law that allowed religious societies without official clergy to designate only one member as having the power to perform wedding ceremonies, while religious groups that do have clergy can designate more. The court concluded that the First and […]