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According to the DiamondBar-Walnut Patch, the Los Angeles County Board of Supervisors yesterday created a new Establishment Clause controversy, voting 3-2 to approve a motion (full text) to modify the county seal to add a cross atop the depiction of the San Gabriel Mission already on it. A version of the seal that the county adopted in 1957 had included a cross. In 2004 the ACLU objected and the county redesigned the seal to eliminate the cross and change other images on it. (Background.) The new seal depicted the San Gabriel Mission without a cross because in 2004 the cross that used to be on the Mission had been removed for retrofitting after an earthquake. In 2009 the cross was reattached to the Mission. Supporters of yesterday's change say that the depiction of the Mission had become "artistically and architecturally inaccurate." Opponents say that argument is disingenuous.
Tuesday, January 21, 2014
Monday, January 20, 2014
More Developments In Non-Profit Challenges To Contraceptive Mandate
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AppId is over the quota
As previously reported, on New Years Eve, U.S. Supreme Court Justice Sonia Sotomayor granted Little Sisters of the Poor an emergency temporary injunction blocking enforcement against them of the Affordable Care Act contraceptive coverage accommodation for religious non-profits. The federal government was ordered to file a response by 10:00 AM today. Here is the Solicitor General's 37-page response filed today in Little Sisters of the Poor Home for the Aged v. Sebelius, (Docket No. 13A691). As explained by today's Politico, Sotomayor must now decide whether to keep the temporary injunction in place, lift it, or refer the matter to all the Justices for them to decide to take one of those steps. The Justices could also grant full Supreme Court review in the case even though there has not yet been a Court of Appeals decision.
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As previously reported, on New Years Eve, U.S. Supreme Court Justice Sonia Sotomayor granted Little Sisters of the Poor an emergency temporary injunction blocking enforcement against them of the Affordable Care Act contraceptive coverage accommodation for religious non-profits. The federal government was ordered to file a response by 10:00 AM today. Here is the Solicitor General's 37-page response filed today in Little Sisters of the Poor Home for the Aged v. Sebelius, (Docket No. 13A691). As explained by today's Politico, Sotomayor must now decide whether to keep the temporary injunction in place, lift it, or refer the matter to all the Justices for them to decide to take one of those steps. The Justices could also grant full Supreme Court review in the case even though there has not yet been a Court of Appeals decision.
In another development, on New Years eve the U.S. District Court for the Eastern District of Michigan granted a 14-day temporary restraining order (full text) in Ave Maria Foundation v. Sebelius. The order temporarily bars enforcement of the contraceptive coverage mandate against Ave Maria Foundation, Ave Maria Radio, Domino's Farms Petting Farm, Rhodora J. Donahue Academy, and Thomas More Law Center. (TMLC Jan. 2 press release.) A hearing is scheduled Jan. 8 on whether to convert the TRO to a preliminary injunction.
Recent Prisoner Free Exercise Cases
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AppId is over the quota
In Merrick v. Inmate Legal Services, 2013 U.S. Dist. LEXIS 181120 (D AZ, Dec. 30, 2013), an Arizona federal district court dismissed an inmate's complaint that he was denied unmonitored and unrecorded clergy calls with a specific pastor he preferred.
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In Merrick v. Inmate Legal Services, 2013 U.S. Dist. LEXIS 181120 (D AZ, Dec. 30, 2013), an Arizona federal district court dismissed an inmate's complaint that he was denied unmonitored and unrecorded clergy calls with a specific pastor he preferred.
In Morton v. Eastern Regional Jail, 2013 U.S. Dist. LEXIS 181186 (ND WV, Dec. 30, 2013), a West Virginia federal district court adopted in part a magistrate's recommendations (2013 U.S. Dist. LEXIS 181185, June 14, 2013) and dismissed a Muslim inmate's claims against the named defendants that the jail violated his rights by failing to provide Islamic worship services, religious study classes, prayer materials, or staff.
In Goodwin v. Palmer, 2013 U.S. Dist. LEXIS 181529 (N.D. Iowa Dec. 31, 2013), an Iowa federal district court permitted a civil detainee to proceed with his complaint that his free exercise rights are being infringed by denial of access to a minister unless he signs a DHS authorization form.
In Strong v. Livingston, 2013 U.S. Dist. LEXIS 181671 (SD TX, Dec. 31, 2013), and in Hickman-Bey v. Livingston, 2013 U.S. Dist. LEXIS 181682 (SD TX, Dec. 31, 2013), a Texas federal district court denied stays pending appeal of previous preliminary injunctions allowing plaintiff Muslim inmates to wear a one-quarter inch beards.
In Ali v. Wingert, 2014 U.S. Dist. LEXIS 204 (D CO, Jan. 2, 2014), a Colorado federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 182081, Nov. 19, 2013) and dismissed a Muslim inmate's complaint that he was required to use his commitment name along with his religious name on his mail.
Sunday, January 19, 2014
Losing NYC Political Candidate Sues Winner Over Mural Allegedly Intended To Act As A Curse
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AppId is over the quota
In an unusual lawsuit filed Thursday, Gwen Goodwin, a losing candidate in the September 10 Democratic primary for New York City Council, is seeking $1 million in damages from her successful rival, Melissa Mark-Viverito, and from the landlord of the apartment building in which Goodwin lives. The suit stems from a 5-story tall mural described (and pictured) by today's New York Post as a "bodiless rooster atop wooden poles" which was placed on the apartment building wall and extends to the window of Goodwin's 5th floor apartment. The mural would have been seen by those in the neighborhood from a Caribbean culture as a black magic curse or death threat. The mural, unveiled in a Sept. 1 ceremony, was part of Los Muros Hablan (“The Walls Speak”), a project headed by Mark-Viverito to celebrate Latino culture through murals. The complaint (full text) in Goodwin v. Mark-Viverito, (NY County Sup. Ct., filed 1/2/2014), claims that the mural was deliberately planned by Mark-Viverito and Goodwin's landlord to inflict emotional distress on Goodwin. (Goodwin, who lives in a rent-stabilized apartment, has been sued a number of times by her landlord.) She claims that the mural distracted her and caused her to lose energy which disrupted her performance in the primary.
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In an unusual lawsuit filed Thursday, Gwen Goodwin, a losing candidate in the September 10 Democratic primary for New York City Council, is seeking $1 million in damages from her successful rival, Melissa Mark-Viverito, and from the landlord of the apartment building in which Goodwin lives. The suit stems from a 5-story tall mural described (and pictured) by today's New York Post as a "bodiless rooster atop wooden poles" which was placed on the apartment building wall and extends to the window of Goodwin's 5th floor apartment. The mural would have been seen by those in the neighborhood from a Caribbean culture as a black magic curse or death threat. The mural, unveiled in a Sept. 1 ceremony, was part of Los Muros Hablan (“The Walls Speak”), a project headed by Mark-Viverito to celebrate Latino culture through murals. The complaint (full text) in Goodwin v. Mark-Viverito, (NY County Sup. Ct., filed 1/2/2014), claims that the mural was deliberately planned by Mark-Viverito and Goodwin's landlord to inflict emotional distress on Goodwin. (Goodwin, who lives in a rent-stabilized apartment, has been sued a number of times by her landlord.) She claims that the mural distracted her and caused her to lose energy which disrupted her performance in the primary.
Supreme Court Grants Stay Blocking Further Same-Sex Marriages In Utah While Appeal Is Pending
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The U.S. Supreme Court this morning issued a stay (full text) pending completion of a pending expedited appeal to the 10th Circuit in Herbert v. Kitchen, (Docket No. 13A687). In the case, a Utah federal district court issued an injunction allowing same-sex marriages in Utah. (See prior posting.) The application for a stay was initially made to Justice Sotomayor (see prior posting) who referred it to the full court. SCOTUSblog has more on the Supreme Court's action.
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The U.S. Supreme Court this morning issued a stay (full text) pending completion of a pending expedited appeal to the 10th Circuit in Herbert v. Kitchen, (Docket No. 13A687). In the case, a Utah federal district court issued an injunction allowing same-sex marriages in Utah. (See prior posting.) The application for a stay was initially made to Justice Sotomayor (see prior posting) who referred it to the full court. SCOTUSblog has more on the Supreme Court's action.
Satanic Temple Releases Proposed Design For Oklahoma Capitol Monument
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AppId is over the quota
The New York-based Satanic Temple has released its proposed design for a monument it wishes to erect on the Oklahoma State House grounds to complement the Ten Commandments monument placed there in 2012. According to Monday's National Journal:
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The New York-based Satanic Temple has released its proposed design for a monument it wishes to erect on the Oklahoma State House grounds to complement the Ten Commandments monument placed there in 2012. According to Monday's National Journal:
The proposed monument features a 7-foot-tall Baphomet, a goat-headed creature which is sometimes used as a stand-in for Satan. The demon's lap, flanked by a smiling child on each side, will double as a seat for visitors.The Temple has exceeded its $20,000 goal to pay for the statue, raising more than that on the crowd funding site Indiegogo. The Oklahoma Capitol Preservation Commission has placed all applications on hold while a challenge to the Ten Commandments monument by the ACLU works its way through the courts. (See prior posting.)
Saturday, January 18, 2014
Recent Articles of Interest
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AppId is over the quota
From SSRN:
Richard Schragger & Micah Schwartzman, Some Realism about Corporate Rights, (Virginia Public Law and Legal Theory Research Paper No. 2013-43 (2013)).Rafael Palomino, Manual breve de Derecho eclesiástico del Estado (2ª edición) (Spanish Law and Religion in a Nutshell (2nd Edition)), (Europan and Comparative Law Books, Forthcoming).Nick Reaves, Uniquely Qualified: The Constitutionality of Crisis Chaplaincy Programs, (December 17, 2013).Samuel H. Pillsbury, Questioning Retribution, Valuing Humility, (Ohio State Journal of Criminal Law, Vol. 11, No. 1, 2013).Aaron R. Petty, The Concept of 'Religion' in the Supreme Court of Israel, (January 3, 2014).Seth Barrett Tillman, Purim & My Bangladeshi Friend, (Gadfly: Culture that Matters, February 11, 2013).From SmartCILP:
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From SSRN:
Richard Schragger & Micah Schwartzman, Some Realism about Corporate Rights, (Virginia Public Law and Legal Theory Research Paper No. 2013-43 (2013)).Rafael Palomino, Manual breve de Derecho eclesiástico del Estado (2ª edición) (Spanish Law and Religion in a Nutshell (2nd Edition)), (Europan and Comparative Law Books, Forthcoming).Nick Reaves, Uniquely Qualified: The Constitutionality of Crisis Chaplaincy Programs, (December 17, 2013).Samuel H. Pillsbury, Questioning Retribution, Valuing Humility, (Ohio State Journal of Criminal Law, Vol. 11, No. 1, 2013).Aaron R. Petty, The Concept of 'Religion' in the Supreme Court of Israel, (January 3, 2014).Seth Barrett Tillman, Purim & My Bangladeshi Friend, (Gadfly: Culture that Matters, February 11, 2013).From SmartCILP:
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