Written by Don ByrdLate last year, I posted about a proposal by a Maine legislator to adopt a state version of the Religious Freedom Restoration Act, as many other states have done. Notably, the Maine RFRA would have significant differently from the federal version by requiring the government to justify any burden on religious exercise (the federal version and most state versions require this only when a person’s religious exercise is “substantially” burdened. You can read the post for more about why this difference matters).
Written by Don ByrdVia Religion Clause, the ACLU of Louisiana announced a new lawsuit alleging widespread proselytization and promotion of Christianity in a public school. The Thai plaintiff and her son, a 6th-grade student at the school, are Buddhists. Their claims depict a brazen disregard for the separation of church and state and a general culture of harassment, in which prayers are regularly delivered at school functions, Bible verses and pictures of Christ are displayed in the hallways, and those who complain are invited to convert or to find another school.
Written by Don ByrdToday the Defense Department announced historic changes in its policy of religious accommodation reflecting a new willingness to make exceptions to military grooming standards when based on a servicemember’s sincere religious beliefs. Requests for such accommodations will now be weighed against the demands of the mission.
Written by Don ByrdBy a narrow 20-18 vote, the Virginia State Senate yesterday passed a bill (SB 236 – see previous post here) that seeks to expand the religious expression rights of students in public schools. The bill would require school districts to implement policies allowing students with any speaking role at school events the right to express religious views. The principal would offer a disclaimer clarifying that the student is not expressing the views of the school.
Proponents of the bill argue this approach will lessen the likelihood of litigation over religious expression because the school is protected by the disclaimer and the student is protected by the explicit right to express his or her views. But is that true?
Written by Don ByrdIn December, a federal court in Florida issued an injunction requiring the state’s Department of Corrections to begin providing kosher meals (again) to inmates whose sincere religious beliefs require them. The court rejected the state’s contention that avoiding the higher cost of kosher meals is a “compelling government interest” that overcomes the requirement that inmates’ religious needs should be accommodated.
The Religious Land Use and Institutionalized Persons Act (RLUIPA) places a purposefully high standard on government to deny an inmate’s religious exercise. Courts have routinely held that avoiding increased costs in not in itself a compelling interest that meets that high standard. Nonetheless, Florida maintains the high price of kosher meals is too great a burden.
