In Katz v. New York City Housing Preservation & Development, (SD NY, Aug. 8, 2022), a New York federal district court rejected Free Exercise and Affordable Housing Act claims brought by an Orthodox Jewish family whose applications for an
Anti-Muslim Facebook Postings Are Subject To Pickering Balancing Test
In Hernandez v. City of Phoenix, (9th Cir., Aug. 5, 2022), the U.S. 9th Circuit Court of Appeals remanded to the district court a case in which the Phoenix police department had disciplined an employee for social media posts…
Preliminary Injunction Bars Indiana Enforcement Of Ban On Transgender Girl Playing On Girls’ Baseball Team
A recently enacted Indiana statute prohibits transgender girls from playing on girls’ athletic teams sponsored by public schools or certain private schools. In A.M. v. Indianapolis Public Schools, (SD IN, July 26, 2022), an Indiana federal district court, relying…
No Church Autonomy Defense To Catholic Organization’s Sexual Orientation Discrimination
In Doe v. Catholic Relief Services, (D MD, Aug. 3, 2022), a Maryland federal district court granted summary judgment in favor of plaintiff who was denied spousal health insurance coverage for his same-sex husband. Rejecting a church-autonomy defense, the…
Indiana Governor Signs New Law Restricting Abortions
5th Circuit Hears Oral Arguments In Challenge To Former Health Care Non-Discrimination Rule
Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments (audio of full arguments) in Franciscan Alliance v. Becerra. In the case, a Texas federal district court permanently enjoined enforcing the anti-discrimination provisions of the Affordable Care Act…
Biden Issues Executive Order On Access To Reproductive Health Care Services
Yesterday, President Biden issued an Executive Order on Securing Access to Reproductive and Other Healthcare Services (full text). The White House also issued a Fact Sheet explaining the Executive Order. The Executive Order reads in part:There have been…
5th Circuit Upholds Qualified Immunity Defense Of Prison Officials Who Confiscated Hijab
In Taylor v. Nelson, (5th Cir., Aug. 2, 2022), the U.S. 5th Circuit Court of Appeals held that Texas prison authorities who confiscated a female inmate’s hijab that exceeded the size permitted by prison policies can claim qualified immunity…
Street Preacher Gets Injunction Against Ordinance Limiting Microphones
In Miller v. City of Excelsior, Minnesota, (D MN, Aug. 2, 2022), a Minnesota federal district court granted a preliminary injunction against enforcement of a city’s ordinance on amplified sound and portions of its special-event permit regulation. Plaintiff wanted…
Fetus Now A Deductible Dependent On Georgia Income Tax Return
Georgia’s Living Infants Fairness and Equality (LIFE) Act amends the definition of “natural person” in Georgia’s statutes to mean “any human being including an unborn child”. Last month, the U.S. 11th Circuit Court of Appeals upheld the constitutionality of the…