Government

July 6, 2020

The European Union (EU) has begun lifting some restrictions on non-EU travelers to the bloc, approving non-binding recommendations for member states. The United States (US), which has seen an increase in COVID-19 cases, is not among the list of countries whose citizens are permitted to travel to the EU. The United Kingdom (UK) also released updated travel guidance and similarly did not exempt the United States. The UK Prime Minister also started unveiling a post-pandemic…

Religion Clause

Justice Kavanaugh Refuses To Enjoin Illinois District Court’s Upholding of COVID-19 Limits On Political Gatherings

By Howard Friedman

July 5, 2020

As previously reported, on July 2 an Illinois federal district court rejected arguments by state and local Republican organizations that the governor’s COVID Order placing more restrictions on political party gatherings than religious gatherings violates the First and Fourteenth Amendments. On July 3, the U.S. 7th Circuit Court of Appeals denied plaintiffs’ application for a injunction pending appeal. Plaintiffs immediately filed an Emergency Application for an Injunction (full text) with the U.S. Supreme…

Religion Clause

British Pastors Sue Challenging Government COVID-19 Orders Which Closed Churches

By Howard Friedman

July 3, 2020

In Britain, a group of 26 Christian pastors and activists have filed suit challenging the closure of churches as part of the response to COVID-19, even though the government has allowed reopening of churches as of July 4. The complaint (full text) in The Queen on application of Omooba v. Secretary of State for Health and Social Care, (QB, filed 6/23/2020), contends in part: The Claimants do not for a moment suggest that churches should have…

Religion Clause

Illinois Can Favor Religious Gatherings Over Political Ones

By Howard Friedman

July 3, 2020

In Illinois Republican Party v. Pritzker, (ND IL, July 2, 2020) an Illinois federal district court rejected arguments by state and local Republican organizations that the governor’s COVID Order placing more restrictions on political party gatherings than religious gatherings violates the First and Fourteenth Amendments. The court said in part: Because the exemption is a content-based restriction, this provision can only stand if it survives strict scrutiny…. Plaintiffs contend that the Governor cannot satisfy the…

Religion Clause

Appeals Court Upholds NY Abortion Coverage Requirement

By Howard Friedman

July 3, 2020

In Roman Catholic Diocese of Albany v Vullo, (NY App.Div., July 2, 2020), a New York state appellate court rejected a challenge by several religious organizations and other plaintiffs to a New York administrative regulation requiring health insurance policies in New York to provide coverage for medically necessary abortion services. The court held that the case was governed by a 2006 decision of New York’s highest court rejecting a challenge to a state statutory requirement…

Religion Clause

Church’s Appeal of Visa For Its Music Director Fails

By Howard Friedman

July 3, 2020

In Liberty Church of the Assemblies of God v. Pompeo, (D MA, July 1, 2020), a Massachusetts federal district court invoked the doctrine of consular non-reviewability to dismiss a church’s appeal of the denial of an R-1 visa to its Director of Music and Media. [T]he complaint fails to plausibly plead a violation of Liberty Church’s constitutional rights. Although Liberty Church broadly alleges that the act of denying Mr. Rocha a visa infringed its…

Religion Clause

EEOC Wins Suit On Behalf of Fired Jehovah’s Witness

By Howard Friedman

July 3, 2020

The EEOC announced yesterday that a New York federal district court has entered a consent decree in a religious discrimination lawsuit brought on behalf of a Jehovah’s Witness who was fired as an administrative assistant at a Manhattan pediatric medical practice: Pediatrics 2000 was aware that its worker was a Jehovah’s Witness when she was hired and initially accommodated her request not to work on Wednesdays due to her religious practices on that day. But…

Religion Clause

Supreme Court Clears Docket In Light of Two Recent Major Decisiions.

By Howard Friedman

July 3, 2020

In orders released yesterday (Order List), the U.S. Supreme Court cleared its docent of a number of abortion cases in light of its decision earlier this week in June Medical Services v. Russo. The court granted certiorari and summarily vacated the judgment below and remanded to the 7th Circuit two appeals in Box v. Planned Parenthood of Indiana and Kentucky (Docket No. 18-1019 and 19-816). The Court also denied certiorari in Yost v.…

Religion Clause

Supreme Court Denies Review To Deported Iraqi Christians, Yezidis, Kurds

By Howard Friedman

July 3, 2020

The U.S. Supreme Court yesterday denied review in Hamama v. Adducci, (Docket No. 19-294, cert denied 7/2/2020). (Order List). According to the petition for certiorari: Petitioners are Iraqis with final orders of removal who lived for years or decades in the United States under orders of supervision… Petitioners and others similarly situated were suddenly detained and threatened with immediate removal, without the opportunity to challenge their removal in immigration court. Petitioners, who…

Religion Clause

Execution Delay Sought Because of Health of Chaplain

By Howard Friedman

July 3, 2020

USA Today reports on anew twist in litigation seeking to delay execution of an inmate. A suit was filed in federal district court in Indiana seeking a stay: The lawsuit, filed on behalf of a Buddhist priest who has ministered to condemned inmate Wesley Purkey, argues that the pandemic would risk the health of Rev. Seigen Hartkemeyer who is “religiously obligated” to attend Purkey’s July 15 execution…. Purkey’s lawyers asserted that Rev. Hartkemeyer, 68, has…