Supreme Court

April 3, 2020

Philadelphia Inquirer yesterday published this report on enforcement in Lakewood, New Jersey of the state’s COVID-19 ban on large gatherings: Fifteen men were charged with violating Gov. Phil Murphy’s ban on large gatherings during the coronavirus crisis after they attended an Orthodox Jewish funeral Wednesday in Lakewood, the Ocean County Prosecutor’s Office said Thursday. The gathering was one of several in Lakewood in recent weeks in which police were called to break up large groups of…

Religion Clause

Interesting RFRA Case Involving Proof of Infant’s Citizenship

By Howard Friedman

April 3, 2020

Sabra v. Pompeo, (D DC, April 2, 2020), is an unusual RFRA case. Mohammed Sabra and his wife Ponn Sabra are United States Citizens. Here are Mrs. Sabra’s claims, as recounted by the court: In September 2018, Mrs. Sabra moved from the United States to Gaza with her three daughters because her two eldest daughters attend college there…. After arriving in Gaza, Mrs. Sabra discovered that she was pregnant with Baby M…. Mrs. Sabra…

Religion Clause

New Jersey’s Aid In Dying Act Is Upheld

By Howard Friedman

April 3, 2020

In Petro v. Grewal, (NJ Super., April 1, 2020), a New Jersey state trial court dismissed a suit challenging the constitutionality of New Jersey’s Medical Aid in Dying for the Terminally Ill Act. Plaintiffs challenged the law on numerous grounds, including under the free exercise clause. First the court held that plaintiffs lack standing to challenge the law, saying in part: Their deeply felt religious, ethical or professional objections to the Act do not…

Religion Clause

Michigan Will Allow Secular Marriage Celebrants

By Howard Friedman

April 3, 2020

In an April 2 press release, the Center for Inquiry reports: Secular celebrants are now permitted to officiate and solemnize marriages in Michigan, after the state attorney general reversed the government’s opposition to a lawsuit brought by the Center for Inquiry (CFI). Promising that the state considers CFI-trained and certified Secular Celebrants to be covered by existing statutes regarding marriage solemnization, the presiding federal court brought the case to a close.…

Religion Clause

Challenge To School Bible Program Is Dismissed After Program Is Terminated

By Howard Friedman

April 2, 2020

In Freedom From Religion Foundation, Inc. v. Mercer County Board of Education, (SD WV. March 31, 2020), a West Virginia federal district court in a 25-page opinion dismissed as moot a suit to enjoin Mercer County’s Bible in the Schools program. The Board terminated the 70-year old program after litigation challenging it had continued for two years.…

Religion Clause

Court Dismisses Claims That Mormon Doctrines Are Fraudulent

By Howard Friedman

April 2, 2020

In Gaddy v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (D UT, March 31, 2020), a Utah federal district court dismissed on 1st Amendment grounds a suit alleging fraud by the LDS Church. In the suit, a former LDS Church member alleged that several basic teachings of the Church involve misrepresentations. The court said in part: Each of these alleged misrepresentations directly implicates the Church’s core beliefs. Because a…

SCOV Law

Barred by the Bar

By Andrew Delaney

April 1, 2020

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Bars. Get it? In re Oden, 2018 VT 118 By Elizabeth Kruska This is a fairly niche opinion that applies to very few people. Mr. Oden (Applicant) applied to take the Vermont Bar exam in 2018. The Vermont Board of Bar Examiners denied his application because he had previously taken, and failed, the Maryland Bar Exam six times before finally passing it in 2014. The way I read this, Applicant passed a bar exam in…

SCOV Law

Discipline: 4 Opinions For The Price of 1

By Andrew Delaney

April 1, 2020

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Four in one, get it? In re: Phyllis McCoy-Jacien, 2018 VT 35, 2018 VT 116, 2018 VT 133, 2018 VT 135 By Elizabeth Kruska Lawyers are licensed professionals, and we answer to our Professional Responsibility Board (PRB). There are things we’re supposed to do, and not do, and if it comes about that we do (or don’t do) things consistent with our Rules of Professional Conduct, we can be brought before the…

Religion Clause

7th Circuit Upholds Prison Rule Limiting Off-Bunk Prayers

By Howard Friedman

April 1, 2020

In Larry v. Goldsmith, (7th Cir., March 30, 2020), the U.S. 7th Circuit Court of Appeals upheld as reasonably related to a legitimate penological interest a prison rule that prohibits inmates from praying off their bunks after 9:00 pm. The policy was challenged by a Muslim inmate who was disciplined for praying next to his bunk at a prohibited time.…

Religion Clause

Suit Challenges Colorado Stay-At-Home Order Partly On Free Exercise Grounds

By Howard Friedman

April 1, 2020

A suit was filed on Monday by a pro se plaintiff in a Colorado federal district court seeking a preliminary injunction to bar enforcement of the COVID-19 stay-at-home orders issued by the state and local officials. The complaint (full text) in Lawrence v. State of Colorado, (D CO, filed 3/30/2020) alleges in part: As a result of the Orders listed above that restrict the gathering of more than ten people at a time, the plaintiff’s…

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New Jersey’s COVID-19 Ban Enforced Against Religious Life-Cycle Events

Interesting RFRA Case Involving Proof of Infant’s Citizenship

New Jersey’s Aid In Dying Act Is Upheld

Michigan Will Allow Secular Marriage Celebrants

Challenge To School Bible Program Is Dismissed After Program Is Terminated

Court Dismisses Claims That Mormon Doctrines Are Fraudulent

Barred by the Bar

Discipline: 4 Opinions For The Price of 1

7th Circuit Upholds Prison Rule Limiting Off-Bunk Prayers

Suit Challenges Colorado Stay-At-Home Order Partly On Free Exercise Grounds

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