Howard M. Friedman

2nd Circuit: Vermont May Not Exclude Religious School Students From Dual Enrollment Program

By Howard Friedman

January 15, 2021

In A.H. v. French, (2d Cir., Jan. 15, 2021), the U.S. 2nd Circuit Court of Appeals held that a preliminary injunction should issue to allow funding of a high school student’s college enrollment under Vermont’s Dual Enrollment Program. Vermont statutes pay for high schoolers in public schools to take two college courses. Students in private high schools are eligible to take advantage of the Dual Enrollment Program only if their high school tuition is publicly…

Religion Clause

8th Circuit Hears Oral Arguments In Missouri Vaccination Exemption Case

By Howard Friedman

January 15, 2021

On Tuesday, the U.S. 8th Circuit Court of Appeals heard oral arguments (audio of full arguments) in two cases consolidated for argument– B.W.C. v. Williams and G.B. v. Crossroads Academy. In the cases, a Missouri federal district court rejected constitutional challenges by parents to the form that Missouri requires to be completed in order to claim a religious exemption for a school child from vaccination requirements. The form contains language strongly encouraging parents…

Religion Clause

New Law Elevates Anti-Semitism Monitor To Rank of Ambassador

By Howard Friedman

January 14, 2021

Yesterday President Trump signed HR 221, Special Envoy to Monitor and Combat Anti-Semitism Act (full text). The new law elevates the Special Envoy to the rank and status of ambassador.…

Religion Clause

8th Circuit Hears Arguments In College’s Deregistration of Christian Student Group

By Howard Friedman

January 14, 2021

The U.S. 8th Circuit Court of Appeals yesterday heard oral arguments in InterVarsity Christian Fellowship USA v. University of Iowa. (Audio of full oral arguments.) In the case, an Iowa federal district court held that the University of Iowa and three of its administrators violated the free speech and free exercise rights of a Christian student organization when it revoked its registered student organization status. The University’s action was taken because Intervarsity Christian Fellowship required…

Religion Clause

DOL Says That Ministerial Exception Allows Non-Compliance With FLSA For Religious Teachers

By Howard Friedman

January 14, 2021

The U.S. Department of Labor has released a January 8, 2021, Wage and Hour Opinion Letter (full text) concluding that the “ministerial exception” doctrine can create an exemption to the Fair Labor Standards Act’s requirements. The letter concludes that a private religious day care and pre-school may pay its teachers on a salary basis that would not otherwise conform to the wage-and-hour requirements of the Fair Labor Standards Act if the teachers qualify…

Religion Clause

Apache Leaders Sue To Prevent Forest Service Transfer of Religious Site

By Howard Friedman

January 14, 2021

Suit was filed this week in an Arizona federal district court on behalf of traditional Apache religious and cultural leaders seeking to prevent the U.S. Forest Service from transferring to mining companies a parcel of land used by the Western Apache Peoples for traditional religious ceremonies. The complaint (full text) in Apache Stronghold v. United States, (D AZ, filed 1/12/2021) alleges in part: The deliberate and direct effect of the Defendants’ publicly stated plans…

Religion Clause

National Association of Realtors Bans Hate Speech By Its Members

By Howard Friedman

January 13, 2021

In a previously little-noticed change to its Code of Ethics, the National Association of Relators has instituted a ban on hate speech by its 1.4 million members. The changes (full text) were adopted Nov. 13, 2020. Some of the changes became effective immediately and others became effective January 1, 2021. New Standard of Practice 10-5 provides: REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex,…

Religion Clause

Supreme Court Allows Enforcement of FDA Rule On Medical Abortions While Appeals Are Pending

By Howard Friedman

January 12, 2021

The U.S. Supreme Court in Food & Drug Administration v. American College of Obstetricians & Gynecologists, (US Sup. Ct., Jan 12, 2021), stayed a Maryland federal district court’s injunction pending appeal of an FDA rule on access to medical abortions. The FDA requires mifepristone, one of two drugs necessary for a medical abortion, to be picked up in person by the patient at a hospital, clinic or medical office. The district court had continued…

Religion Clause

DOE Says Bostock Decision Does Not Apply To Title IX

By Howard Friedman

January 12, 2021

As reported by Education Week, the U.S. Department of Education has released a Jan. 8, 2021 Memorandum (full text) on the impact of the U.S. Supreme Court’s Bostock decision on Title IX. While Bostock held that the ban on sex discrimination in Title VII includes discrimination on the basis of sexual orientation and gender identity, the DOE Memo concludes that Bostock does not apply to Title IX, saying in part: [T]he Department’s longstanding construction of…

Religion Clause

Supreme Court Will Hear Arguments Today In College Speech Policy Case

By Howard Friedman

January 12, 2021

The U.S. Supreme Court hears oral arguments this morning in Uzuegbunam v. Preczewski. The case grows out of a challenge to Georgia Gwinnett College’s speech policies that led to a student being stopped from distributing religious literature on campus. Subsequently, the school changed its policies. The U.S. 11th Circuit Court of Appeals held that the change mooted plaintiff’s claim for nominal damages. (See prior posting.) The 10:00 am oral arguments may be viewed live at…

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2nd Circuit: Vermont May Not Exclude Religious School Students From Dual Enrollment Program

8th Circuit Hears Oral Arguments In Missouri Vaccination Exemption Case

New Law Elevates Anti-Semitism Monitor To Rank of Ambassador

8th Circuit Hears Arguments In College’s Deregistration of Christian Student Group

DOL Says That Ministerial Exception Allows Non-Compliance With FLSA For Religious Teachers

Apache Leaders Sue To Prevent Forest Service Transfer of Religious Site

National Association of Realtors Bans Hate Speech By Its Members

Supreme Court Allows Enforcement of FDA Rule On Medical Abortions While Appeals Are Pending

DOE Says Bostock Decision Does Not Apply To Title IX

Supreme Court Will Hear Arguments Today In College Speech Policy Case

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