In Swart v. City of Chicago, (ND IL, Feb. 20. 2020), an Illinois federal district court granted a preliminary injunction to four Wheaton College students who were part of an outreach ministry to prevent the city of Chicago from enforcing its regulations limiting speech and handbilling activities in the downtown Millennium Park. The court held that the park is a traditional public forum, that the regulations, as enforced, are not content neutral and unconstitutionally vague. …

A religious discrimination suit was filed in a New York federal district court this week by an Orthodox Jewish girl’s school against the Town of Clarkstown, New York charging it with wrongfully preventing the school from purchasing a Baptist Church property.  The complaint (full text) in Ateres Bais Yaakov Academy of Rockland v. Town of Clarkston, (SDNY, filed 2/18/2020), alleges in part: In early January 2019, in reaction to ABY’s pending permit application following…

Yesterday, the Catholic Diocese of Harrisburg (PA) filed for bankruptcy reorganization in federal bankruptcy court. In announcing the move, Bishop Robert Gainer said in part: Over the past few years, our Diocese has been forced to confront our horrific past regarding clergy sexual abuse. Today, we are facing some difficult financial realities. Despite making every attempt to scale back operations and reduce overhead, we are currently unable to meet our financial obligations. … Our current…

A group of parent filed suit this week against the Madison, Wisconsin school district challenging the district’s policy on transgender students.  The complaint (full text) in Doe I v. Madison Metropolitan School District, (WI Cir. Ct., filed 2/18/2020) contends that the district’s policy violates state constitutional provisions protecting parental rights and their free exercise of religion. The complaint describes the district’s policy as follows: The policy enables children, of any age, to socially…

In Kondrat’yev v. City of Pensacola, Florida, (11th Cir., Feb. 19, 2020), the U.S. 11th Circuit Court of Appeals, in a case with a complicated procedural history, held that a 34-foot cross in Pensacola’s Bayview Park does not violate the Establishment Clause. Originally a 3-judge panel of the 11th Circuit, relying on past precedent, reluctantly ordered the cross removed. (See prior posting.)  The case was appealed to the Supreme Court which summarily vacated the judgment…

In Brown v. Children’s Hospital of Philadelphia, (3rd Cir., Feb. 14, 2020), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a religious discrimination claim brought by a hospital employee who was fired for refusing to obtain a flu vaccination.  The court held that Naija Brown’s objections were not “religious”. She practiced an “African Holistic Heath” lifestyle. She claimed that while she did not have a pastor to validate her beliefs, she filed…

In Brown v. Children’s Hospital of Philadelphia, (3rd Cir., Feb. 14, 2020), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a religious discrimination claim brought by a hospital employee who was fired for refusing to obtain a flu vaccination.  The court held that Naija Brown’s objections were not “religious”. She practiced an “African Holistic Heath” lifestyle. She claimed that while she did not have a pastor to validate her beliefs, she filed…