Posts Tagged ‘religious liberty’

January 8 roundup

  • Lenawee County, Mich. authorities have posted condemnation notices on Old Order Amish farmhouses over their use of outhouses rather than modern septic systems as required by code. Dispute now heading for court [Tom Henry, Toledo Blade]
  • Baltimore Mayor Young promotes white-van-abduction urban legends, police misconduct transparency, Montgomery County is watching drivers and more in my latest Maryland policy roundup [Free State Notes]
  • Following outcry from activists, Facebook disables as misleading ads some trial lawyer ads soliciting plaintiffs to sue over purported side effects of HIV prevention drugs [Tony Romm, Washington Post/Toronto Star, Peter Lawrence Kane, The Guardian, WTHR]
  • From Lowering the Bar, legal things that actually did happen in 2019;
  • 20 years ago I warned that by trying to dictate employers’ choices, a Wisconsin law might work to impede convict re-entry into the job market rather than encourage it [Reason, from its archives]
  • If county and city law enforcement officials have discretion not to charge low-level drug offenders, do they also have discretion not to charge low-level gun offenders? [Cam Edwards, National Review on Virginia battle over “Second Amendment sanctuary” resolutions]

Religion and the law roundup

New York: adoption ministry must comply or close

New York bans the operation of adoption agencies that will not serve customers of all sexual and gender orientations and conditions of wedlock, whether or not such agencies receive any public funds or contracts. New Hope Family Services, a ministry that works with expectant mothers to place their newborns, has agreed to stop accepting new clients and now the question is whether it can go on servicing pending and completed placements. New York state is arguing no, but a Second Circuit panel of Judges José Cabranes, Reena Raggi, and Edward Korman has granted a preliminary injunction pending consideration of the agency’s First Amendment claims: “the strong public interest pertaining to adoption services, i.e., the welfare of children, both those already adopted and those awaiting adoption, is best served by granting rather than denying the requested injunction.” [ruling in New Hope Family Services v. Poole; Emma Folts/Daily Orange, Julie McMahon/Syracuse.com, Nicole Russell, Washington Examiner quoting me; my related WSJ piece on recent Western District of Michigan decision]

Cato Supreme Court Review 2018-19

The full Cato Supreme Court Review for the 2018-19 term can be read here, with an introduction by Trevor Burrus. Among this year’s highlights: Michael McConnell on the Maryland Peace Cross case and government-sponsored religious symbols, Bruce Kobayashi and Joshua Wright on the Apple indirect-purchaser antitrust case, Braden Boucek on the Tennessee liquor Commerce Clause case, and Simon Lecturer George Will on “The Insufficiently Dangerous Branch.”

Or listen to a Cato audio with Trevor Burrus, Ilya Shapiro, and Caleb Brown:

Courts to officials: do not insult religions

A federal judge in Michigan has ruled for a Catholic foster-care program, but religious objectors may find it a victory built on sand. I’m in the online Wall Street Journal today with an opinion piece explaining why. Related on Judge Robert Jonker’s opinion in Buck v. Gordon, in which he rebuked Michigan Attorney General Dana Nessel [Sue Ellen Browder, National Catholic Register] and on Fulton v. Philadelphia [Mark Rienzi](and mentions: New York Post, Kathryn Lopez/National Review)

Schools and childhood roundup

“If it’s speech, you can’t force it.”

The Arizona Supreme Court made the right call, in my view, in ruling that it is forced expression for the city of Phoenix to require a wedding-calligraphy studio to inscribe invitations for weddings that go against its owner-artists’ religious scruples: “If it’s speech, you can’t force it.” The ruling is based on both the state constitution and on Arizona’s version of RFRA (religious freedom restoration act). [Lindsay Walker, Cronkite News/Arizona PBS; Eugene Volokh and Dale Carpenter (filed with Cato in the case on behalf of the studio); earlier here, etc., and related]

The latter part of the ruling does seem to result in a broader than usual reading of a state RFRA, because most state courts have declined to interpret the laws to provide very much protection for religious objectors in public-accommodation cases; their logic has been that reducing discrimination is a compelling state interest that cannot be enforced in a less restrictive way.

August 20 roundup

  • UK: “British newspapers can legitimately mock parrots and compare them to psychopaths, the press regulator has ruled, after an unsuccessful complaint that the Daily Star misrepresented the emotions of a pet bird.” [Jim Waterson, Guardian]
  • Cato scholars regularly crisscross the country talking to students. Book one (maybe me) at your campus this Fall [Cato Policy Report]
  • Local-government preemption, single-use plastics, lemonade stands, Sen. Cardin on redistricting: my new post at Free State Notes recounts my experience attending the Maryland Association of Counties summer conference;
  • Can a police officer be criminally prosecuted for refusing to risk his life to stop a school shooter? [Eugene Volokh on Marjory Stoneman Douglas High School case]
  • I’m quoted on press freakout over new proposed religious liberty regs: “This is a narrowly drawn rule for a minority of federal contractors. It’s really not that radical and not that new.” [Brad Palumbo, Washington Examiner]
  • Beware proposals that would transform antitrust law into general bludgeon for avenging all sorts of grievance against big business [Glenn Lammi, WLF]

Making eagle feathers legally safe for Native American worshipers

Eagle feathers have long been important in Native American religious practice, but federal law generally bans possession of eagle feathers under stringent penalties. While the law authorizes the Interior Department to exempt Native American religious use, the Department has sometimes been stinting and ungenerous in its granting of permission. Although the Fifth Circuit ruled in favor of Indian worshipers in a big 2014 case under the Religious Freedom Restoration Act of 1993, uncertainty continues to linger. Now advocates have petitioned for a rulemaking that would expand the exemption from federally recognized tribes only to all sincere believers including members of state-recognized tribes, and would set the exemption on a firmer legal footing for the future by taking it through the notice and comment process. [Joseph Davis, Federalist Society, earlier; End the Feather Ban advocacy page]