Written by Don ByrdA federal judge in Oklahoma made permanent yesterday her temporary injunction (affirmed by the 10th Circuit Court of Appeals) barring enforcement of the state’s law banning sharia law. Because the state failed to demonstrate a “compelling state interest based on an actual problem,” she argued, targeting Sharia law violates both the Free Exercise and Establishment clauses of the First Amendment.
The court rejected the state’s argument that the measure could be saved by simply removing the offending passages and leaving the rest.
Written by Don ByrdSitting en banc, the 10th Circuit Court of Appeals yesterday ruled in favor of Hobby Lobby, ordering the lower court to consider an injunction barring the government from enforcing the contraception mandate pending the outcome of their lawsuit challenging its constitutionality. Back in December, a panel of the 10th Circuit rejected Hobby Lobby’s request for an injunction after finding the corporation unlikely to succeed in its religious freedom claims. Yesterday’s ruling of the entire appeals court overturns that decision.
Written by Don ByrdOklahoma license plates featuring a Native American sculpture may amount to an inappropriate state endorsement of religion, according to a 10th Circuit decision, overturning a trial court’s dismissal of the complaint. The plaintiff, Keith Cressman, is a Christian who argues the requirement to display the image constitutes a violation of his First Amendment rights. The state will not allow him to cover the image, and charges an additional fee for any other plate.
The lower court threw out Mr. Cressman’s complaint without allowing discovery, finding that the image is not perceived by others as a specific message. The Appeals Court disagreed that the court could make that determination without allowing the discovery process to go forward.
Written by Don ByrdLast week, the 10th Circuit U.S. Court of Appeals heard the contraception mandate case involving Hobby Lobby’s challenge of the federal health case law known as Obamacare.This is both the most high profile and seemingly the farthest along of any of the disputes pitting the Department of Justice against a private employer seeking to avoid the contraception coverage requirement on religious freedom grounds.
Written by Don ByrdThe 10th Circuit Court of Appeals has taken an unusual step in Hobby Lobby’s challenge to the contraception mandate. Last week, they granted a motion to hear the case as an entire court (en banc), rather than first reviewing the case with a 3-judge panel as is customary. The court also approved an unopposed motion to expedite the hearing, meaning we should get a final word from the 10th Circuit earlier than initially expected.
