Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation. The cook had signed a “Statement of Affirmation and Agreement” that prohibited cohabitation with “members outside of marriage.” When the church informed her that it could not permit her to continue living with her boyfriend, she quit and later sued. The court affirmed an employment commission’s decision based on, among other reasons, its determination that the cook resigned, so the church did not take an adverse employment action against her. The Christian Post reports on the decision here. Read the per curiam decision from a three-judge panel here.
Category: civil rights
W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds
W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds. The court granted a motion to dismiss Global Impact Ministries, Cities4Life, and Cities4Life’s president’ claims against Mecklenburg County, North Carolina, to the extent they were based on the First Amendment’s Free Speech clause. But it allowed the prochoice group to proceed in its challenge based on the Free Exercise clause, pointing to recent U.S. Supreme Court decisions and the government’s permitting secular activities during the relevant period. Religion Clause has more details here. Read the order here.
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage. The court rejected defenses based on the First Amendment—including the Ministerial Exception— Title VII, and the Religious Freedom Restoration Act, among others. Religion Clause reports on the decision here. Read the decision here: Billard v. Charlotte Catholic High School, (W.D. N.C., Sept. 3, 2021).
S.D. Ind.: Ministerial Exception Requires Dismissal of Title VII Claims By Catholic School Guidance Counselor
“Ministerial Exception Requires Dismissal Of Title VII Claims By Catholic School Guidance Counselor” Religion Clause covers the decision here.
FREE “The Church Law & Finance Virtual Conference” Sept. 24
FREE “The Church Law & Finance Virtual Conference” Sept. 24. Whiteford, Taylor & Preston, LLP & Aronson, LLC present a free conference several timely topics. The conference consists of several presentations from 10:00 a.m.–1:00 p.m. E.D.T. Register here.
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action”
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action.” Religion Clause summarizes the decision here.
2nd Cir.: Christian Adoption Agency May Continue Ongoing Cases Pending Appeal Despite Nondiscrimination Noncompliance
2nd Cir.: Christian Adoption Agency May Continue Ongoing Cases Pending Appeal Despite Nondiscrimination Noncompliance. Religion Clause covers the decision here.
“U.S. Supreme Court wedding cake case could affect St. Cloud couple’s suit against Minnesota: Both sides in Minnesota will be watching Tuesday when the justices in Washington hear arguments in a parallel case from Colorado.”
“U.S. Supreme Court wedding cake case could affect St. Cloud couple’s suit against Minnesota: Both sides in Minnesota will be watching Tuesday when the justices in Washington hear arguments in a parallel case from Colorado.” The (Minneapolis) StarTribune reports here.
“Court Refuses To Dismiss Constitutional Challenges To City’s Civil Rights Law”
“Court Refuses To Dismiss Constitutional Challenges To City’s Civil Rights Law” Religion Clause reports here on Country Mill Farms v. City of East Lansing, (WD MI, Nov. 16, 2017).
“Farmer’s Market Must Issue Vendor’s Permit To Orchard That Refuses To Host Same-Sex Weddings”
“Farmer’s Market Must Issue Vendor’s Permit To Orchard That Refuses To Host Same-Sex Weddings” Religion Clause reports here on Country Mill Farms, LLC v. City of East Lansing, (W.D. Mich. Sept. 15, 2017). ADF has a press release here.