RLUIPA Round Up – Independence Day Special Edition!

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Independence Day—no better time to reflect on the numerous (enumerated and unenumerated) rights protected by our United States Constitution. Thanks to Obergefell v. Hodges, those rights are now more clearly focused. However, as reported below, it appears that a battle may be brewing between the right to marriage and religious exercise.  In the spirit of the Fourth of July, RLUIPA Defense salutes our Founding Fathers with another Round-Up!

  • After SCOTUS legalized gay marriage, polygamists Nathan Collier and his wives Victoria and Christine applied for a marriage license in Montana, the Associated Press reports.
  • Texas Attorney General, Ken Paxton, issued an opinion stating that Texas county clerks may refuse to issue same-sex marriage licenses based on their religious beliefs despite the Supreme Court’s ruling in Obergefell v. Hodges.
  • According to the American Civil Liberties Union’s press release, the ACLU of Louisiana filed suit in Louisiana state court challenging Governor Bobby Jindal’s May 19 Marriage and Conscience Order. Jindal’s response is reported by Breitbart.
  • The United States Department of Justice Civil Rights Division issued its June, 2015 edition of “Religious Freedom in Focus,” which includes the following stories:
    • United States’ Suit Alleging Systematic Religious Discrimination by Twin Cities on Utah/Arizona Border May Proceed to Trial, Court Rules
    • DOJ Closes Investigation of Virginia County After Rezoning Allows Church Construction (RLUIPA Defense post, here)
    • Supreme Court Clarifies Religious Accommodation Standard Under Title VII (RLUIPA Defense post, here)
    • Georgia City Changes Zoning Ordinance to Treat Religious and Non-Religious Assemblies Equally (related RULIPA Defense post on Kennesaw, Georgia, here)
    • Florida Must Provide Kosher Meals for Prisoners, Court Rules (RLUIPA Defense post, here)
  • Gawker reports on alleged FOI request-compliance costs in the amount of $79,000 for McKinney, Texas in response to requests for information on the incident where officer Eric Casebolt was filmed pointing his service weapon at unarmed black teenagers at a pool party.
  • The Colorado Supreme Court invalidated Douglas County, Colorado’s school voucher program, which allowed the use of tax-funded vouchers at “23 district-approved ‘private school partners’ — 16 of which were religious,” the New York Times reports.
  • Muslim woman sues after being forced to remove her headscarf at Dearborn police headquarters for a booking photo, Michigan Live
  • The Washington Post reports on the Ninth Circuit Opinion in Jones v. William, which concluded that a prisons “grill cleaning method” did not substantially burden prisoner’s religious beliefs because adequate alternatives to grilled meat were provided.
  • Your Daily Journal reports about a church-run tent ministry, Place of Grace shelter, that is seeking approval for a permanent shelter in Rockingham, North Carolina and may encounter public opposition.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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