Howard M. Friedman

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The U.S. Supreme Court today granted review in three cases involving important questions of LGBT rights under Title VII of the 1964 Civil Rights Act.  First the Court granted certiorari in Bostock v. Clayton County, Georgia, (Docket No. 17-1618) (SCOTUSblog Case Page) and consolidated it with Altitude Express, Inc. v. Zarda (Docket No.17-1623) (SCOTUSblog Case Page) (see prior posting) in which it also granted certiorari (Order List 4/22/2019). The cases raise the…
From SSRN: John Vlahoplus, Foreign-Born Children of Disloyal Parents: Adam Muthana, Mary Arcedeckne and the Natural Born, (St. John’s Law Review, Forthcoming). Eliza Bateman, ‘His Garden a Wilderness’ – The Balance between Equality and Freedom of Religion in Australia and Canada, (March 18, 2019). Scott D. Gerber, Law and Liberty of Conscience in Colonial Pennsylvania, (NYU Journal of Law & Liberty, Vol. 12, No. 3, 2019, Forthcoming). Martin Kwan, Human Gene Editing and
In Barker v. Conroy, (D Cir., April 19, 2019), the U.S. Court of Appeals for the D.C. Circuit rejected an Establishment Clause challenge to the rule in the House of Representatives that limits invocations to those that are “religious” rather than secular.  At issue was the refusal by the House Chaplain’s Office to allow a former Christian who had become an atheist to serve as guest chaplain and deliver a secular invocation.  The court found…
The White House today announced this year’s Easter Egg Festivities, which will be held next Monday.  The press release, supplementing information elsewhere on the White House website, says in part: First Lady Melania Trump and President Donald J. Trump invite this year’s Easter Egg Roll attendees to enjoy a variety of activities, including the time-honored Egg Roll and the Trump Administration’s Cards for Troops station.  New to the Egg Roll this year: musical eggs and…
Suit was filed in a Connecticut federal district court yesterday challenging the constitutionality of a Hartford (CT) Ordinance that requires pregnancy resource centers to make required disclosures on signs, websites and when patients make appointments.  Facilities must make the disclosures if they do not have licensed medical providers on the premises to directly supervise all services.  The complaint (full text) in Caring Families Pregnancy Services, Inc. v. City of Hartford, (D CT. filed…
In Seifeddine v. Jaber, (MI App., April 16, 2019), a Michigan state appellate court rejected a challenge to a trial court’s enforcement in a divorce action of the mahr provisions of an Islamic marriage certificate. The provision required the husband to pay $50,000 to his wife. According to the court: [T]he trial court expressly and repeatedly stated that it was not applying religious principles or doctrines but was instead applying Michigan common law regarding contracts….…
Yesterday a New York state trial court judge struck down the state’s controversial Guidelines adopted last year aimed at  assuring that yeshivas, as well as other non-public religious and independent schools, comply with state law requiring them to offer an education substantially equivalent to that of public schools. (See prior related posting.) In Parents for Educational and Religious Liberty in Schools v. Rosa, (Albany Cty. Sup. Ct., April 17, 2019), the court held…
Yesterday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Horton  v.  Midwest Geriatric Management (audio of full oral argument). As reported by the National Law Journal, at issue is whether Title VII’s prohibition on discrimination “because of sex” covers discrimination on the basis of sexual orientation. In the case, a health care specialist sued after his offer of employment was rescinded, claiming the rescission came because his employer discovered he…
Yesterday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Horton  v.  Midwest Geriatric Management (audio of full oral argument). As reported by the National Law Journal, at issue is whether Title VII’s prohibition on discrimination “because of sex” covers discrimination on the basis of sexual orientation. In the case, a health care specialist sued after his offer of employment was rescinded, claiming the rescission came because his employer discovered he…
Rockland County, New York health authorities are taking new steps to combat the spread of measles in the county.  As previously reported, on April 5 a New York state trial court judge held that the health department’s declaration of a state of emergency was invalid. That decision is being appealed. Yesterday the County announced two new Orders by the Commissioner of Health, relying on different legal authority than the basis of the Order that…