In McMahon v. World Vision, Inc., (WD WA, Nov. 28, 2023), a Washington federal district court held that a Christian non-profit organization violated Title VII and the Washington Law Against Discrimination when it rescinded a job offer originally made
British Appeals Court Upholds Preacher’s Fraud Conviction For Selling COVID Preventative
In Wiseman v. Rex, (EWCA, Nov. 20, 2023), Britain’s Court of Appeal upheld the fraud conviction of the head of the Kingdom Church for selling an oil mixture that he represented would protect against or cure COVID. According to…
Jewish Groups Sue Over Berkeley Law Student Organizations’ Antisemitic Policies
Suit was filed yesterday in a California federal district court against the University of California at Berkely and Berkeley Law School challenging growing antisemitic discrimination and harassment on campus. The complaint (full text) in Louis D. Brandeis Center, …
EU Court OK’s Neutral Ban on Employees Wearing Any Symbol of Belief
In Request for a preliminary ruling under Article 267 TFEU from the tribunal du travail de Liège (Labour Court, Liège, Belgium), (EUCJ, Nov. 28, 2023), the European Union Court of Justice, interpreting Council Directive 2000/78 (Equal Treatment in Employment)…
Variable Constitutional States of Mind and Section 1983: Recent Examples
Different constitutional provisions have their own state of mind requirements. Even the same constitutional provision can have variable state of mind requirements depending on context. For example, in some situations the state of mind requirement for a due process violation…
2nd Circuit: 1st Amendment Free Exercise Claim Requires Only "Burden", Not "Substantial Burden" On Religion
In Kravitz v. Purcell, (2d Cir., Nov. 27, 2023), the U.S. 2nd Circuit Court of Appeals held that unlike suits under RFRA, an inmate alleging a 1st Amendment violation of his religious freedom need not show a “substantial burden”…
Attorney Fee Award to Freedom from Religion Foundation of $342K Recommended.
In another demonstration of the high cost to governmental entities of litigating First Amendment claims, a Texas federal magistrate judge in Freedom from Religion Foundation v. Abbott, (WD TX, Nov. 27, 2023) has recommended an award of attorneys’ fees to…
Kapparot Protesters Lose Suit Against City
In Karlan v. City of Los Angeles, (CA App., Nov. 27, 2023), a California state appellate court affirmed the dismissal of a lawsuit brought by protesters who objected to an Orthodox synagogue’s pre-Yom Kippur kapparot ritual in which chickens…
Australian State’s Religious Vilification Act Takes Effect
As reported by Law and Religion Australia, the New South Wales Religious Vilification Act 2023 (full text) which was enacted in August took effect on November 11. The law provides in part:It is unlawful for a person,…
NYCOA: The Wilson Uptick
Yikes! It’s been a few months. First, it was severe neck trauma that kept me totally out of commission for a while, and since then it’s been zealously catching up on delayed deadlines and postponed commitments. Now, for better or…