Showing posts with label Oregon. Show all posts
Showing posts with label Oregon. Show all posts

Thursday, March 28, 2024

Restricting Frequency of Church Free Meal Services Violates RLUIPA

 In St. Timothy's Episcopal Church v. City of Brookings, (D OR, March 27, 2024), an Oregon federal district court held that a zoning ordinance that limits the number of days that a church can serve free meals to people in need violates the federal Religious Land Use and Institutionalized Persons Act. St. Timothy's has been offering free lunchtime meals since 2009 and sees this as fundamental to their Episcopalian faith. Most recently meals have been served three to four times per week. In 2021, the city amended its zoning code to require a conditional use permit for "benevolent meal services" in residential districts and limited such services to two times per week. Finding that the city has burdened the church's religious exercise without a compelling interest in violation of RLUIPA, the court said in part:

[P]rotecting the public welfare, maintaining peace and order, and preventing crime are all certainly compelling government interests in a broad, general sense. However, the City has not articulated how the specific provisions of the Ordinance that limit meal service to two days per week ... serve to protect public welfare, maintain peace and order, or prevent crime in practical application. The Court can find no logical, causal relationship between the limitation and these interests....

Here, the City has long permitted, and arguably even supported benevolent meal services at St. Timothy's, without limitation as to the number of days such meals could be provided. This undisputed fact is fatal to their argument that the Ordinance's restrictions are intended to promote public welfare, peace, and order, and to deter crime....

... [T]he City has not shown that it considered and rejected the efficacy of less restrictive measures.

Wednesday, March 06, 2024

Christian Organization Challenges Grant Rule Barring Religious Favoritism in Hiring

Suit was filed this week in an Oregon federal district court challenging an anti-discrimination rule of the Oregon Department of Education that disqualified a Christian youth-mentoring ministry from receiving $410,000 in grants for which it had initially been selected. The Christian group requires all of its board members, its 30 employees and 100+ volunteers to adhere to the organization's Statement of Faith. The Grant Program's rule bars grantees from favoring co-religionists as employees or volunteers. The complaint (full text) in Yourh 71Five Ministries v. Williams, (D OR, filed 3/4/2024), contends that the rule violates its Free Exercise and Free Expression rights, saying in part:

Because it emphasizes one-to-one mentoring and creating authentic, trusting relationships, 71Five Ministries depends on its staff and volunteers to fulfill the ministry’s distinctly Christian mission and purpose....

Defendants cannot disqualify otherwise eligible religious organizations from participation in otherwise available government benefit programs, including the Youth Community Investment Grant Program, “solely because of their religious character,”

ADF issued a press release announcing the filing of the lawsuit.

Thursday, January 04, 2024

Denial of Religious Exemption to Vaccine Mandate Did Not Violate Title VII

 In Craven v. Shriners Hospital for Children(D OR, Jan. 2, 2024), an Oregon federal district court dismissed a Title VII religious discrimination claim brought by a hospital maintenance technician who was fired after his claim for a religious exemption from the hospital's Covid vaccine mandate was denied. The court concluded that plaintiff had not adequately alleged that his objections to the vaccine were religious in nature. It also concluded that filing an amended complaint would be futile.  The court said in part:

As Plaintiff wrote, he objected to the COVID-19 vaccine because its “ingredients include carcinogens, neurotoxins, animal viruses, animal blood, allergens, and heavy metals,” which “can cause serious harm and even death to the body.” ... This judgment—on the potential danger of the vaccine due to its physical composition—was scientific and medical, not religious. Of course, this Court does not question the sincerity of Plaintiff’s belief that his “body is a temple of the Holy Spirit.”...  But Plaintiff’s beliefs about the composition of his body and that of the vaccine are independent of one another; whether Plaintiff’s body is a temple has no bearing on whether the vaccine contains carcinogens or whether, as a result of its ingredients, it “can cause serious harm.” 

Therefore, Plaintiff’s allegations, even if fleshed out in a subsequent filing, would fail to state a claim of religious discrimination under Title VII.

Thursday, November 16, 2023

Court Upholds Oregon's Rules for Approving Adoptive Parents Over Free Exercise and Free Speech Challenges

In Bates v. Pakseresht, (D OR, Nov. 14, 2023), an Oregon federal district court, in a 53-page opinion, rejected plaintiff's challenge to the state's denial of her application to be certified to adopt children through the Oregon Department of Human Services.  Plaintiff was denied certification because, consistent with her Christian religious beliefs, she would not agree to support an adoptive child's sexual orientation, gender identity, or gender expression. Rejecting plaintiff's free exercise claim, the court said in part:

A willingness to take in an LGBTQ+ child, but disavow their identity, cannot by analogy be compared to a business owner's willingness to provide some services, but not others, to LGBTQ+ individuals. To make such a claim demonstrates a lack of understanding of the importance of providing a child with the holistic support and care required to produce well-rounded and confident adults....

The court also rejected plaintiff's free speech claim, saying in part:

[T]he issue in this case is not that plaintiff is seeking to provide religious instruction to her child. She is seeking to provide religious instruction to a child in the care and custody of the state. She does not possess the same rights as a parent in this situation because the state is the de facto parent. Although plaintiff's ultimate goal is adoption, she is seeking a certification that grants her only the opportunity to house and care for a child under the state's umbrella of protection.

Tuesday, October 10, 2023

Feds Settle Suit Brought by Native American Tribes Over Destruction of Sacred Site

 A settlement between several federal agencies and Native American tribes in Oregon was reached last week in a case challenging the government's destruction of a small sacred site near Mount Hood when it widened a highway.  (See prior related posting.) The 9th Circuit had dismissed the case as moot, and plaintiffs filed an appeal with the U.S. Supreme Court.  Last week the parties filed a Joint Stipulation to Dismiss (full text) in Slockish v. U.S. Department of Transportation, (Sup. Ct, Oct. 5, 2023). Under the settlement, the government is to construct a tree or plant barrier to protect the site, allow access to an existing quarry for ceremonial and cultural uses, and allow plaintiffs to rebuild a stone altar on the site. [Note that the filed stipulation appears to be erroneously dated "2022" instead of "2023". The Supreme Court docket for the case confirms that 2023 is the correct date.] Oregon Capital Chronicle  and AP report on the settlement.

Friday, September 22, 2023

New Decisions on Covid Vaccine Religious Objection Claims

Decisions have been handed down in the past few days in several cases in which employees who were denied a religious exemption or accommodation from an employer's Covid vaccine mandate have sued:

In Dicapua v. City of New York, (Richmond Cty. NY Sup. Ct., Sept 18, 2923), 16 employees of the Department of Education brought suit.  A New York state trial court held that ten of the employees should have been granted a religious exemption, saying in part:

This Court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students.

In Mora v. New York State Unified Court System, (SD NY, Sept. 19, 2023), a New York federal district court dismissed a suit by a Poughkeepsie City Court Judge, saying in part:

Here, the Vaccine Mandate has been repealed, and plaintiff has been reinstated to his full in-person duties. Therefore, plaintiff has not alleged an ongoing violation of federal law, or a need for prospective relief...

Damage claims were  dismissed in part on the basis of 11th Amendment immunity and in part because Title VII does not apply to government appointees on the policymaking level. His Free Exercise claim was denied because the vaccine mandate was a neutral, generally applicable rule. Retaliation and equal protection claims were also rejected.

In Trusov v. Oregon Health & Science University, (D OR, Sept. 20, 2023), an Oregon federal district court dismissed some of the claims brought by a registered nurse who was denied a religious accommodation, and deferred consideration of another of her claims.  The court said in part:

Regarding Defendants’ challenge to Plaintiff’s First Claim, alleging religious discrimination in employment, the Court finds that OHSU’s arguments about undue hardship must await a motion for summary judgment, at which time the Court may consider matters outside the pleadings and, if necessary, motions to exclude expert testimony. Regarding Defendants’ challenge to Plaintiff’s second claim brought under § 1983 against the individual Defendants, the Court dismisses that claim under the doctrine of qualified immunity. Regarding, Defendants’ challenge to Plaintiff’s request for prospective declaratory relief, the Court dismisses that request for lack of standing.

In Mathisen v. Oregon Health & Science University, (D OR, Sept. 19, 2023), an Oregon federal district court rejected claims brought by a research laboratory manager who was denied a religious exemption as well as a medical exemption. The court said in part:

In support of their motion to dismiss, Defendants argue that Plaintiff’s Title VII claim fails because OHSU offered to accommodate Plaintiff’s religious beliefs by offering an accommodation—masking—to which Plaintiff has alleged no objection based on religion....

Plaintiff’s assertion that masking would not promote safety is a secular objection, not a religious one. That objection, therefore, does not establish that the offered accommodation to her religious objection was not reasonable for purposes of her claim of religious discrimination.

Other of Plaintiff's claims were dismissed on qualified immunity and standing grounds.

Saturday, July 01, 2023

Supreme Court GVR's Case on Bakers' Refusal To Design Cake For Same-Sex Wedding

On Friday, in Klein v. Oregon Bureau of Labor and Industries, (Docket No. 22-204, GVR'd June 30, 2023) (Order List) the U.S. Supreme Court granted certiorari, vacated the lower court's judgment and remanded the case to the Oregon Court of Appeals for further consideration in light of the Supreme Court's decision the same day in 303 Creative LLC v. Elenis. At issue in Klein was a finding by the state Bureau of Labor and Industries that the owners of Sweetcakes bakery violated Oregon's public accommodation law when they refused on religious grounds to design and create a wedding cake for a same-sex wedding. (See prior posting.)

Wednesday, April 05, 2023

Suit Challenges Oregon Requirement That Adoptive Parents Support Child's Sexual Orientation and Gender Identity

Suit was filed this week in an Oregon federal district court challenging a rule of the state's Department of Human Services that persons seeking to adopt children must agree to accept and support the sexual orientation and gender identity of any child placed with them. The complaint (full text) in Bates v. Pakseresht, (D OR, filed 4/3/2023), contends that the rule violates the free expression, free exercise and equal protection rights of plaintiff whose Christian religious beliefs do not permit her to comply with this requirement.  The complaint reads in part:

Under this rule, caregivers must agree to use a child’s preferred pronouns, take a child to affirming events like Pride parades, or sign the child up for dangerous pharmaceutical interventions like puberty blockers and hormone shots—no matter a child’s age, no matter whether a child actually desires these things, and no matter how deeply these requirements violate the caregiver’s religious convictions.

This puts Jessica in a bind. Like countless people of faith, Jessica believes that our biological sex carries spiritual significance for who we are and how we should act. Jessica cannot affirm that a male is or should try to be female or vice  versa....

... Because she will not agree to use a hypothetical child’s preferred pronouns or facilitate a hypothetical gender transition, she cannot even adopt a newborn who has no concept of, much less a desire for, these things.

ADF issued a press release announcing the filing of the lawsuit.

Tuesday, November 29, 2022

State Religious Discrimination Claims Against Airline Union Are Pre-empted By Federal Law

In Brown v. Alaska Airlines, Inc., (WD WA, Nov. 23, 2022), a Washington federal district court dismissed state-law religious discrimination claims brought against the flight attendants' union by two of its members.  Alaska Airlines fired plaintiffs because they posted comments on the company's internal intranet opposing the Airline's support for a federal statute that would add sexual orientation and gender identity to federal anti-discrimination laws. Plaintiffs claimed their comments were grounded in their religious beliefs. The Union unsuccessfully represented the flight attendants at a hearing appealing their termination.  Plaintiffs then sued claiming not only that Alaska Airlines discriminated against them because of their Christian faith, but that the Union did not defend them as vigorously as it defends other flight attendants because of the flight attendants' religious beliefs. The court dismissed the flight attendants' claims against the Union that were brought under Washington and Oregon anti-discrimination laws.  It concluded that that the "duty of fair representation" stemming from provisions of the federal Railway Labor Act pre-empts claims brought under state anti-discrimination laws where the charge is that a union did not adequately represent an employee in the grievance process.

Friday, November 18, 2022

9th Circuit: Religious School's Challenge to Covid Restrictions Is Moot

In Horizon Christian School v. Brown, (9th Cir., Nov. 17, 2022), the U.S. 9th Circuit Court of Appeals held that the free exercise and parental rights challenges to the Oregon governor's previous Covid restrictions on in-person school classes is moot. The claim for nominal damages does not prevent mootness because the suit against the governor in her official capacity is barred by the 11th Amendment. The court denied leave to amend plaintiffs' complaint because defendant had qualified immunity.  Judge O'Scannlain filed a concurring opinion saying that if there were not qualified immunity, he would hold that the governor's order impinged a fundamental constitutional right.

Thursday, November 03, 2022

9th Circuit: Requiring Beauty Pageant to Include Transgender Female Violates Its Free Speech Rights

In Green v. Miss United States of America, LLC, (9th Cir., Nov. 2, 2022), the U.S. 9th Circuit Court of Appeals held that it violates the free speech rights of the Miss USA Pageant to require it under Oregon's Public Accommodations Act to include a transgender female in the Pageant. The court's majority, in an opinion by Judge VanDyke joined by Judge Bea, said in part:

Requiring Miss United States of America to allow Green to compete in its pageants would be to explicitly require Miss United States of America to remove its “natural born female” rule from its entry requirements. This in turn would directly affect the message that is conveyed by every single contestant in a Miss United States of America pageant. With the Pageant’s “natural born female” rule, every viewer of a Miss United States of America pageant receives the Pageant’s message that the “ideal woman” is a biological female, because every contestant is a “natural born female.” If the Pageant were no longer able to enforce its “natural born female” rule, even if a given transgender contestant or contestants never openly communicated to anyone outside of the Pageant their transgender status and were otherwise fully indistinguishable from the “natural born female” contestants (at least as presented in the Pageant)—and more fundamentally, even if no transgender contestants were to enter a Miss United States of America pageant—the Pageant’s expression would nonetheless be fundamentally altered. Without the “natural born female” rule, viewers would be viewing a fundamentally different pageant from that which presently obtains: one which could contain contestants who are not “natural born female[s].” Thus, the Pageant’s desired expression of who can be an “ideal woman” would be suppressed and thereby transformed through the coercive power of the law if the OPAA were to be applied to it....

Application of the OPAA would force the Pageant to include Green and therefore alter its speech. Such compulsion is a content-based regulation under our caselaw, and as such warrants strict scrutiny.

Judge VanDyke also filed a concurring opinion speaking only for himself, saying that forced inclusion of a transgender female in the Pageant infringes the Pageant's freedom of association as well as its freedom of speech.

Judge Graber dissented, contending that the court should not reach the constitutional question until it is determined whether the Oregon Public Accommodations Act even applies to the Miss USA Pageant.  Reuters reports on the decision.

Monday, September 12, 2022

Certiorari Petition Filed Again In Bakery's Refusal To Design Wedding Cake For Same-Sex Marriage

Last week, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Klein v. Oregon Bureau of Labor and Industries, (Sup. Ct., filed 9/7/2022). This is the second time the case has worked its way up to the Supreme Court. (See prior posting.) At issue is a finding by the state Bureau of Labor and Industries that Sweetcakes bakery violated the state's public accommodation law when it refused on religious grounds to design and create a wedding cake for a same-sex wedding. In January, the state court of appeals remanded the case to the Bureau of Labor and Industries for it to determine a remedy after finding that the Bureau's first determination of damages was tainted by non-neutrality. (See prior posting.) In August, the Bureau imposed damages of $30,000. First Liberty has additional background.

Friday, July 29, 2022

Ministerial Exception Doctrine Requires Dismissal Of Race and National Origin Discrimination Claim

In Chris v. Kang, (D OR, July 26, 2022), an Oregon federal district court dismissed a claim of race and national origin discrimination brought by plaintiff who was not hired as the Worship Pastor of Village Baptist Church.  Plaintiff claimed he was not hired because he was not a native English speaker, was said to be unfamiliar with American culture and to speak with an accent. The court held that the ministerial exception doctrine applies to both Title VII and state employment discrimination claims, insulating from judicial review the church's decisions on who should be its ministers.

Tuesday, February 01, 2022

Church Challenges City's Limits On Its Offering Meals To Homeless

Suit was filed last week in an Oregon federal district court by a church challenging a city's ordinance that limits it from offering free meals to the needy more than two days per week.  The complaint (full text) in  St. Timothy’s Episcopal Church v. City of Brookings, (D OR, filed 1/28/2022), says that the new limits were imposed after city residents complained of the homeless gathering around the church. It contends that the restrictions violate RLUIPA as well as the 1st and 14th Amendments, saying in part:

Plaintiffs believe that God and scripture have directed them to continue serving their community by offering St. Timothy’s meal program more than two days per week to ensure that people in need can have access to at least one hot, nutritious meal every day of the week.

... The City’s land use and zoning regulations ... deny and restrict, and will deny and restrict, Plaintiffs’ religious use of St. Timothy’s’ property, is not supported by a compelling government interest, and is not the least restrictive means of furthering any compelling governmental interest.

Reason reports on the lawsuit.

Thursday, January 27, 2022

Oregon Court Rejects Part Of Its Earlier Decision In Wedding-Cake Dispute

In Klein v. Oregon Bureau of Labor and Industries, (OR App., Jan. 26, 2022), the Oregon Court of Appeals, in a case on remand from the U.S. Supreme Court, reaffirmed its prior decision in part in a challenge to the religious refusal by a bakery (Sweetcakes by Melissa) to provide a wedding cake for a same-sex marriage. The court reaffirmed its conclusion that the refusal violates the anti-discrimination provisions of the state's public accommodation law that prohibits discrimination on the basis of sexual orientation. It held that the U.S. Supreme Court's decision in Fulton v. City of Philadelphia does not change its earlier conclusion, saying in part:

the Kleins have not demonstrated that Fulton alters our prior conclusion that ORS 659A.403 is a “generally applicable” law for purposes of Smith, nor our related conclusion that, under Smith, the application of the law to Aaron’s conduct of denying cake-making services based on sexual orientation does not violate the Kleins’ rights under the Free Exercise Clause.

The court however did set aside the damage order entered by the Oregon Bureau of Labor and Industries, finding that, in light of the U.S. Supreme Court's Masterpiece Cakeshop decision, BOLI’s decision on damages violates the Free Exercise Clause.  The court said in part:

[T]he prosecutor’s closing argument apparently equating the Kleins’ religious beliefs with “prejudice,” together with the agency’s reasoning for imposing damages in connection with Aaron’s quotation of Leviticus, reflect that the agency acted in a way that passed judgment on the Kleins’ religious beliefs, something that is impermissible under Masterpiece Cakeshop.

The Oregonian reports on the decision.

Wednesday, November 17, 2021

9th Circuit Hears Arguments On Destruction of Native American Sacred Site

Yesterday, the U.S. 9th Circuit Court of Appeals heard oral arguments (video of full arguments) in Slockish v. U.S. Department of Transportation. The facts of the case involving land near Mount Hood in Oregon are described in appellants' opening brief (full text) in part as follows:

Plaintiffs are members of federally-recognized tribes who long practiced their faith at a small sacred site called Ana Kwna Nchi Nchi Patat, or the “Place of Big Big Trees.”.... In the 1980s, when the Government proposed widening a nearby highway, one of Plaintiffs’ leaders informed the Government of the site’s historic and religious significance, including the graves and stone altar. In response, the Government modified its project to protect the site. But in 2008, the Government widened the highway again to add a center turn lane. This time, it protected a nearby wetlands, but completely destroyed the sacred site—cutting down the old-growth trees, bulldozing the burial ground and stone altar, and covering the area under a massive earthen berm.

Becket Law issued a press release on the case. (See prior related posting.)

Monday, November 15, 2021

Cert. Denied In Challenge To Oregon's Limits On Parochial Schools

The U.S, Supreme Court today denied review in Horizon Christian School v. Brown, (Docket No. 21-567, certiorari denied 11/15/2021). (Order List).  In the case, the U.S. 9th Circuit Court of Appeals in an Aug. 2 opinion (full text) affirmed the denial of a preliminary injunction against Oregon's previous COVID-19 restrictions on in-person schooling. The suit was brought by parents of students who attend religious schools. (See prior related posting.)

Sunday, February 14, 2021

No Injunction Against Sound Ordinance Because City Disclaims Enforcement Pending Revision

In Abolish Abortion Oregon v. City of Grants Pass, (D OR, Feb. 12, 2021), an Oregon federal district court refused to issue a preliminary injunction against enforcement of the city's Sound Ordinance sought by an organization of Christian evangelists and anti-abortion advocates. Plaintiffs contended that enforcement violates their free speech and free exercise rights. The city, however, has conceded that the current Sound Ordinance is probably unconstitutional and says it is revising the Ordinance. It has also said it will not enforce the Ordinance during the revision process.

Friday, November 20, 2020

Oregon COVD-19 Limits On Parochial Schools Upheld

The Oregonian yesterday reported on federal district judge's ruling from the bench in Horizon Christian School v. State of Oregon, (D OR, Nov. 17, 2020) denying a preliminary injunction to three Christian schools challenging Gov. Kate Brown’s COVID-19 executive order that limits the schools to remote instruction. According to the report:

Attorney John Kaempf, representing Horizon Christian School, McMinnville Christian Academy and Life Christian School, had urged the judge to halt the governor’s executive order and allow the three schools to reopen with in-person classes and proper safeguards in place.

He argued that gathering communally is a tenet of Catholic education, and not allowing the schools to hold in-person religious classes violates their freedom of religion and expression....

U.S. District Judge Michael W. Mosman said he found it “utterly implausible,” that the governor’s motive behind her executive order was to shut down religious schools.

Previously the court had denied a temporary restraining order in the case. (See prior posting.)

Tuesday, October 20, 2020

More Litigation Developments In Religious Institution Challenges To COVID-19 Restrictions

Suit was filed last week in an Oregon federal district court challenging Oregon's COVID-19 Orders and guidance that grant small public schools, but not small private or religious schools, an exemption from the ban on in-person instruction. The complaint (full text) in Hermiston Christian Center v. Brown, (D OR, filed 10/16/2020) asserts various 1st and 14th Amendment claims, including the charge that the Orders unlawfully target religious schools. ADF issued a press release announcing the filing of the lawsuit.

Becket announced that it filed suit last week in Lebovits v. Cuomo, (ND NY, filed 10/15/2020). The suit is brought on behalf of two young women and their Orthodox Jewish school.  It challenges New York City's lock down in zip codes in which there are micro-clusters of COVID-19.

Amistad Project announced that it filed suit over the weekend in Libertas Classical Ass'n v. Whitmer, (WD MI), on behalf of a K-12 Christian school in Hudsonville, MI. According to the press release:

... [T]he Whitmer Administration has made repeated, unreasonable demands on the school since September 4, including that kindergarteners always wear masks while in school, including during chapel and outdoor recess....

This violates the First Amendment rights of assembly and religion for the school's 265 students, as well as parents and staff.

In Maryville Baptist Church, Inc. v. Beshar, (6th Cir., Oct. 19, 2020), the U.S. 6th Circuit Court of Appeals refused to allow a church and its congregants to obtain an appellate court ruling on a dispute that had essentially become moot.  In March 2020, Kentucky Governor Andy Beshear had barred all religious services as part of the state's response to the COVID-19 pandemic. Federal courts preliminarily enjoined the ban from going into effect and subsequently the Governor ended the ban. Liberty Counsel issued a press release announcing the decision.

In Gish v. Newsom, 2020 U.S. Dist. LEXIS 192714 (CD CA, Oct. 9, 2020), a California federal district court refused to reconsider its decision upholding the state's COVID-19 Orders that limit indoor religious services.