COURT WATCH

Selected Federal Cases
by Bob Ritter

Last update September 4, 2008

Pending Before the U.S. Supreme Court

1. Duchesne v. Summum (No. 07-690 ) — see Pleasant Grove City v. Summum.
2. Pleasant Grove City v. Summum (No. 07-665) — the primary issue in this case is whether a city park is a public forum for donated permanent monuments entitling Summum to put a monument of its aphorisms in a park that has a Decalog donated by the Fraternal Order of Eagles. Oral argument are scheduled for Wednesday, November 12, 2008. To read the friend of the court brief by the American Humanist Association, The American Ethical Union, Atheist Alliance International, the Institute for Humanist Studies, the Secular Student Alliance, the Society for Humanistic Judaism, and the Unitarian Universalist Associatio, click here.

Pending Before a U.S. Court of Appeal

1. American Atheists v. Duncan (10th Cir., pending) — Dist. Ct. held 11/20/2007 that the Utah Highway Patrol Associations purposes for using the Christian cross to memorialize troopers who died in the line of duty were secular and that the Christian cross has become a universal symbol for death and burial. The American Humanist Associatio, the Society for Humanist Judaism and the Unitarian Universalist Association filed an amicus brief with the 10th Cir. arguing that the Christian cross in not a universal symbol of death and burial, that it is an inherently religious symbol of the Christian faith and that a reasonable person would view the cross as religious. Click here to read the brief.
2. American Atheists v. City of Detroit (6th Cir., pending) — Dist. Ct. held 8/8/2007 that non-religious repairs of two churches participating in a city redevelopment program were reimbursable. American Atheists contend that church property is per se religious and, therefore, no expenditure is reimbursable.
3. Barnes-Wallace v. Boy Scouts of America (9th Cir., pending) — 9th Cir. has certified three question for the California Supreme Court to answer related to the state's Blaine Amendments. Case involves a lease by the City of San Diego of part of Balboa Park to the Boy Scouts of America for the price of $1 per year.The lease is being challenged by a lesbian couple and an agnostice couple who are the parents of Scout-aged sons.
4. BATS v. Cobb County, Georgia (11th Cir., pending) — the 11th Cir. heard oral arguments on 8/20/2008 in a case challenging the opening of Cobb County Commission meetings with sectarian prayers. The Dist.Ct. refused to ban sectarian prayers, so long as a wide variety of clergy were invited to deliver invocations. The ACLU is representing BATS in challenging the invocations.
5. Borden v. School District of the Township of East Brunswick (3rd Cir., 4/15/08) — a panel of the 3rd Cir unanimously reversed Dist. Ct., holding that taking a knee by the coach at a public school football game violated the E.C.; Borden filed a petition for rehearing in May 2008.
6. Buono v. Kempthorne (9th Cir., 5/14/2008) — split en banc court denied petition for rehearing, affirming panel decision that held that transfer of land upon which Sunrise Rock Cross sits to a private owner did not cure establishment clause violation. (The cross is located in the Mojave Desert Preserve in Arizona.)
7. Busch v. Maple Newton School District (3rd Cir.) — Dist. Ct. on 5/31/2007 granted school's motion for summary judgment that the school acted properly in refusing a parent permission to read Bible versus to a kindergarten class.
8. Croft v. Perry (5th Cir., pending) — Dist. Ct. on 1/2/2008 granted the state of Texas' motion for summary judgment, holding that its revised moment of silence statute satisfied the Lemon Test by having a secular legislative purpose.
9. Croft v. Perry (ND TX) — Dist. Ct. on 8/28/2007 denied Croft's motion for preliminary injunction concerning the Texas Pledge of Allegiance ("with one state under God").
10. Green v. Board of Commissioners of County of Haskell (10th Cir.) — 8/18/06 - Dist. Ct. on 8/18/2006 held that the display of a Decalog at the Haskell County courthouse in Oklahoma did not violate the Establishment Clause because of its historical value.
11. Harper v. Poway Unified School Dist. (9th Cir., pending) — this case involves a high school student wearing a T-shirt condemning homosexual behavior ("Homosexuality is shameful. Romans 1:27" on the front and "Be ashamed. Our school has embraced what God has condemned" on the back"). On 4/23/2007, the Sup. Ct. remanded the case in light of Morse v. Frederick. The 9th Cir. dismissed the appeal as moot. On 2/12/2008, the Dist. Ct. denied Harper's motion for reconsideration.
12. Jacobs v. Clark County School District (9th Cir., 5/12/2008) — held school district's dress policy was viewpoint and content-neutral; did not violate student's free speech & free exercise of religion rights. (Policy prohibited T-shirts with messages, including religious messages.)
13. Merced v. City of Euless (5th Cir., pending) — Appeal filed 5/2008. Case involves the sacrifice of a goat as part of a religious ceremony by a Santeria.
14. Newdow v. Carey (9th Cir., oral arguments Dec. 4, 2007) — constitutional challenge to recitation of the Pledge of Allegiance in public schools.
15. Newdow v. Congress of the United States (9th Cir., oral arguments Dec. 4, 2007) — constitutional challenge to the use of the national motto (In God We Trust) on coins and currency.
16. Oliver v. Quarterman (5th Cir., Aug. 15, 2008) — in upholding a death sentance, the 5th Cir. concluded that the Texas state jury's use of the Bible was improper, though ultimately harmless error.
17. Pedreira v. Kentucky Baptist Homes for Children (6th Cir., pending) — the Dist. Ct. dismissed on standing grounds an Establishment Clause challenge to use of state funds to pay for placing children in a faith-based facility. An appeal has been filedby the ACLU and Americans United for Separation of Church and State who are representing a former employee who was fired for being a lesbian. Kentucky Baptist Homes is a pervasively sectarian institution.
18. Richmond Medical Center for Women v. Herring (4th Cir., Jul. 28, 2008) — remanded from U.S. Supreme Ct. in light of Gonzales v. Carhart (2007); 6-4 decision to rehear en banc case involving the constitutionality of Virginia's partial birth abortion ban. A three judge panel held that the ban was unconstitutional.
19. Roark v. South Iron School R-1 District (8th Cir., pending) — the Dist. Ct. issued a permanent injunction against the Missouri school district's policies permitting the allowing an evangelical Christian group to distribute Bibles to fifth-graders on school property during school hours. To read Americans United's friend-of-the-court brief to the 8th Cir. supporting the lower court, click here.
20. Stormans, Inc. v. Selecky (9th Cir., pending) — Dist. Ct. on 11/8/2007 enjoined the Washington State Pharmacy Board regulations requiring pharmacies to dispense in a timely manner all approved drugs (without regard to a religious conscience exception); the decision has been appealed to the 9th Cir. and that court 5/1/2008 issued a decision denying the State's request to stay a preliminary injunction. Americans United and the American Humanist Association have submitted an amicus curiae brief in support of reversal. Intervenor defendants/appellants are represented by Northwest Womens Legal Center and Planned Parenthood.
21. In Straights and Gays for Equality (SAGE) v. Osseo Area Schools, (8th Cir., Aug. 29, 2008) — the 8th Circuit affirmed the lower court's granting of a permanent injunction giving SAGE the same access to the school facilities. Other groups had been given greater access to school communication channels by being improperly classified as a curricular group. The federal Equal Access Act which requires that high schools receiving federal funds must treat all non-curriculum related groups alike in granting access to school premises.
22. Turner v. City Council of Fredericksburg (4th Cir., Jul. 23, 2008) — In an opinion by former Sumpreme Court Justice Sandra Day O'Connor (sitting by designation), the 4th Cir. upheld the City council's policy that invocations be nondemoninational. Hashmel Turner, a council member who is challenging the ban, is represented by the Rutherford Foundation. The City Council is represented by People For the American Way.
23. Woods-Bateman v. State of Hawaii, Dept. of Health (9th Cir., pending) — Dist. Ct. on 5/13/2008 rejected challenge to Hawaii's limits on who can perform marriages (i.e., requirement to specify a religion affiliation in order to be commissioned to perform civil marriages).

Pending Before U.S. District Courts

1. Doe v. School Board for Santa Rosa County, Florida, (ND FL, filed 8/27/2008) — the ACLU filed suit in Pensacola, Florida on behalf of two Santa Rosa County Pace High School students alleging that school officials have used their positions "to persistently and pervasively promote their personal religious beliefs in the public schools and at school events." The complaint alleges that school officials have sponsored prayer at school events, including graduation; arranged religious baccalaureate services; held school-sponsored activities at churches; and have proselytized students or permitted outsiders to do so during classes and school events -- all in violation of the Establishment Clause of the U.S. Constitution and the "No Aid" clause of Florida's Constitution. To read the complaint, click here.
2. Doe v. Tangipahoa Parish School Dist. (ED LA) — ACLU filed new complaint on 2/29/2008 challenging opening board meetings with a sectarian prayer.
3. EEOC v. Folks, Inc. (ND GA) — Complaint filed 12/18/2007; Soumaya Khalifa, a Muslim woman, was denied employment as a cashier at Folks Southern Kitchen because she wears a hijab (head scarf).
4. Freedom From Religion Foundation v. Bjergaard (D NH, Aug. 7, 2008) — FFRF filed complaint 6/19/2007 challenging a state and county subsidy to the Dakota Boys and Girls Ranch (Christian juvenile detention center).
5. Freedom From Religion Foundation v. Congress of the United States (D NH) — challenges public schools recitation of the Pledge of Allegiance in Hanonver, New Hampshire. The Dist. Ct. dismissed claims against the U.S. Congress holding that it lacked jurisdiction to direct Congress to enact or amend legislation (relying on the "Speech or Debate" clause of the Constitution). The United States however remains a party as an Intervenor in order to defend the constitutionality of the Pledge itself. Michael Newdow is lead attorney and a plaintiff.
6. Hall v. Welborn (D KS) — soldier in Iraq attempted to convene a meeting of atheists and freethinkers alleges retaliation and reprisal by U.S. Army. (Represented by Military Religious Freedom Foundation).
7. Jewish War Veterans v. Rumsfeld (SD CA) — challenges the display of Mt. Soledad cross in San Diego.
8. In McCullen v. Coakley> (D MA, Aug. 22, 2008) — the district court rejected a facial constitutional challenge brought by pro-life "sidewalk counselors" to Massachusetts' recently revised law that creates a 35-foot fixed buffer zone around driveways and entrances of reproductive health care facilities. In rejecting the plaintiffs Free Exercise challenge, the court found that the law is a content-neutral, narrowly-tailored time, place and manner regulation.
9. Planned Parenthood of Minnesota, N.D. and S.D. v. Rounds (SD) — the 8th Cir. on 10/30/06 affirmed DC's preliminary injunction (2-1); 8th Cir. en banc on 6/27/08 lifted an injunction against South Dakota's informed consent abortion law and remanded back to Dist. Ct.
10. Red River Freethinkers v. City of Fargo, North Dakota (D ND) — complaint filed 4/18/2008; city refuses to permit the Freethinkers to place a monument citing the Treaty with Tripoli to placed near a Ten Commandments monument on city property.
11. Sherman v. Township High School District 214 (ND IL) — challenges Illinois moment of silence statute; Dist. Ct. on 11/14/2007 issued preliminary injunction blocking school district from enforcing mandatory moment of silence law; 3/19/08 - Dist. Ct. on 3/19/2008 grants class-action status (state-wide).
12. Stratechuk v. Board of Education, South Orange Maplewood School District, 2008 U.S. Dist. LEXIS 66383 (D NJ, Aug. 29, 2008) — on remand from the 3rd Cir., a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. Among its rulings, the court rejected Stratechuk's claim that the school policy, as interpreted by officials, violateed his children's right to receive information and ideas, their right to learn and their right to academic freedom. The court held that the school policy is directly related to pedagogical concerns.
13. Trunk v. City of San Diego (SD CA, Jul. 29, 2008) — the Dist. Ct. found that Congress' primary purpose in acquiring the memorial was to preserve the site as a veterans' memorial, not to advance or favor a particular religion. It also held that maintaining the site with its cross has primarily a patriotic and nationalistic effect, rather than a religious one. This case, which began in 1989, is expected to be appealed to the 9th Cir.