W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds. The court granted a motion to dismiss Global Impact Ministries, Cities4Life, and Cities4Life’s president’ claims against Mecklenburg County, North Carolina, to the extent they were based on the First Amendment’s Free Speech clause. But it allowed the prochoice group to proceed in its challenge based on the Free Exercise clause, pointing to recent U.S. Supreme Court decisions and the government’s permitting secular activities during the relevant period. Religion Clause has more details here. Read the order here.
Category: religious exemptions
N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees
N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees. The Church Litigation Update covers the case, Kawimbe v African Methodist Episcopal Church, Inc., Opinion and Order (N.D. Ga. Aug. 27, 2021), here. You can read the decision here.
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage. The court rejected defenses based on the First Amendment—including the Ministerial Exception— Title VII, and the Religious Freedom Restoration Act, among others. Religion Clause reports on the decision here. Read the decision here: Billard v. Charlotte Catholic High School, (W.D. N.C., Sept. 3, 2021).
S.D. Ind.: Ministerial Exception Requires Dismissal of Title VII Claims By Catholic School Guidance Counselor
“Ministerial Exception Requires Dismissal Of Title VII Claims By Catholic School Guidance Counselor” Religion Clause covers the decision here.
“[Department of Labor] Issues Opinion Letters on FLSA Exempt Status and Ministerial Exception”
The Society of Human Resource Managers describes the recent guidance here.
D.C. Dist.: RFRA requires allowing church to hold in-person, outdoor worship
D.C. Dist.: RFRA requires allowing church to hold in-person, outdoor worship Wagenmaker Law blog covers a recent decision applying the federal Religious Freedom Restoration Act here.
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action”
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action.” Religion Clause summarizes the decision here.
“Preparing for In-Person Religious Services: Legal Updates and Best Practices”
“Preparing for In-Person Religious Services: Legal Updates and Best Practices” Wagenmaker Law has an overview of several issues related to returning to in-person worship here.
“Preparing for In-Person Religious Services: Legal Updates and Best Practices”
“Preparing for In-Person Religious Services: Legal Updates and Best Practices” Wagenmaker Law has an overview of several issues related to returning to in-person worship here.
“Court declines to lift restrictions on crowds at church services”
“Court declines to lift restrictions on crowds at church services” SCOTUSblog summarizes the U.S. Supreme Court’s recent orders in two cases here.