COURT WATCH

Selected Federal and State Cases
by Bob Ritter

Last update November 24, 2009

U.S. Supreme Court: October 2009 Term - Pending

1. Busch v. Marple Newtown School District (No. 09-315, cert. pet. filed Sept. 9, 2009) — 3rd Cir. (6/1/09) upheld a Pennsylvania elementary school’s restriction that barred a kindergartner’s mother from reading aloud from the Bible as part of a “show and tell” activity in her son’s classroom.
2. Corder v. Lewis Palmer School District, #38 (No. 09-257, cert. pet. filed Aug. 27, 2009) — distributed for Conference of November 13, 2009. A 10th Circuit panel (5/29/09) affirmed the district court's dismissal of the case -- holding that a high school principal did not violate Erica Corder's her free speech, free exercise, equal protection and state statutory challenges when he forcer her to apologize to the public for including unauthorized religious material in her 30-second portion of a joint graduation speech, Then-student Erica Corder's intentionally excluded the religious portion of her remarks from a draft submitted in advance to the principal, knowing that they would not be approved. [LC-plf/applt]
3. Haskell County Board of Commissioners v. Green (No. 09-531 cert. pet. filed Oct. 28, 2009) — 10th Circuit split 6-6 (7/31/09), denying en banc review. The 10th Circuit held (6/8/09) that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. [ACLU-plf, ADF-def] [AU amicus]
4. Holy See v. Doe (No. 09-1, Nov. 16, 2009) — Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether certiorari should be granted. 9th Cir. held (3/3/09) that the Vatican is not shielded by the Foreign Sovereign Immunities Act from a respondeat superior claim against it by a victim of a priest's sexual abuse.
5. John Doe #1 v. Reied (No. 09-559, cert. pet. filed Nov. 5, 2009) — 9th Cir. overturned a preliminary injunction issued by a Washington federal district court that barred release of the names of individuals who signed referendum petitions opposing Washington's domestic partnership law.
6. McCullen v. Coakley (No. 09-592, cert. pet. filed Nov. 13, 2009)— 1st Cir. affirmed Dist.Ct. (D. Mass. Aug. 22, 2008) which 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.
7. Salazar v. Buono (No. 08-472, cert. granted Feb. 23, 2009) — Oral arguments held 10/7/09. 9th Cir. in Buono v. Kempthorne (9th Cir., 5/14/08) 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 National Preserve in California. Government's petition for cert; respondent's brief in opposition; and governments reply brief. Colbert: The Word. [ACLU-plf/resp; DoJ-plf/applt]

U.S. Supreme Court: Decided During October 2009 Term

1. (None)

U.S. Supreme Court: Petitions for Writ of Certiorari Denied

1. Choose Life Illinois, Inc. v. White (No. 08-1283, cert. den. Oct. 5, 2009) — 7th Cir. (11/7/08) held that there was no First Amend. violation when the state of Illinois decided to exclude the subject of abortion from its specialty-plate program.
2. McComb v. Crehan (No. 08-1566, cert. den. Nov. 16, 2009) — 9th Cir. (3/20/09) upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references.

U.S. Courts of Appeals

1. American Atheists v. Duncan (10th Cir., pending) — the Dist. Ct. held 11/20/2007 that the Utah Highway Patrol Association’s 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. [AA-plf] [AHA amicus; AU amicus]
2. ACLU of Kentucky v. Grayson County (6th Cir., pending) — 6th Cir. heard oral arguments on Apr. 23, 2009. Dist. Ct. (WD KY, Mar.28, 2008) permanently enjoined a display of the Ten Commandments as part of a Foundations of American Law and Government Display in the Grayson Couny Courthouse. This follows upon on a preliminary injunction issued in 2002. [ACLU-plf/applee, LC-def/applnt]
3. ACLU of Kentucky v. McCreary County (6th Cir., pending) — 6th Cir. heard oral arguments (10/20/09) in the long running Ten Commandments case on whether the counties have done enough to eliminate their original religious motivation. In 2005, the U.S. Supreme Court upheld a preliminary injunction barring the a display of the Ten Commandments along with other historical documents that refer to God in two Kentucky county courthouses. [ACLU-plf]
4. Barnes-Wallace v. City of San Diego and Boy Scouts of America (9th Cir., pending) — California Supreme Court refused (4/1/09) to answer certified questions from the 9th Circuit. 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.
5. Beta Upsilon Chi v. Machen (11th Cir., Oct. 27, 2009) — 11th Cir. dismissed the case as moot. BYX, a Christian fraternity, challened the Univ. of Florida's refusal to grant the fraternity recognition because the university's rules prohibit religious(and other) discrimination by recognized student organizations. After oral arguments in the 11th Circuit, the University announced that it had changed its policy on recognition of student groups. It now allows religious organizations – such as BYX – to limit membership or leadership positions to students who share the religious beliefs of the organization.
6. Bloch v. Frischholz (7th Cir. pending) — 7th Cir. en banc heard oral arguments 5/13/2009. A panel held 2-1 (7/10/08) that the Fair Housing Act does not bar a Chicago condominium association from adopting a rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door.
7. Byrne v. Rutledge (2nd Cir., pending) — 2nd Cir. hear oral arguments 12/8/08 in which a Vermont district court upheld Vermont's policy of refusing to place religious messages of any kind of vanity license plates.
8. C.F. v. Capistrano Unified School District (9th Cir.) — Both sides have appealed the case (and various rulings) to the 9th Cir. On 9/15/09, Dist. Ct. awarded qualified immunity for a remark he made against creationism. On 5/1/09, the Dist. Ct. found that only one of several statements made by high school history teacher James Corbett high school that specifically mentioned religion violated the Establishment clause. The court concluded there was no legitimate secular purpose in Corbett's characterization of Creationism as "superstitious nonsense," and that the characterization sent a message of disapproval of religion. The court dismissed claims against the school district, and left for later adjudication the question of the remedy that would be granted against Corbett.
9. Croft v. Perry (5th Cir., pending) — 5th Cir. held oral arguments 2/3/09. Dist.Ct. (ND TX, Jan. 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. [ACLU,AU amicus 6/7/08]
10. Jewish War Veterans v. Rumsfeld (9th Cir., pending) — Dist.Ct. (7/29/08) upheld the transfer of Mt. Soledad to the federal government notwithstanding the the presence of a large Christian cross that prior courts held violated the Establishment Clause. (See also Trunk v. City of San Diego) [ACLU/plf]
11. Merced v. Kasson (consolidated with Merced v. City of Euless) (5th Cir., July 31, 2009) — the 5th Circuit Court held that a city's prohibition of animal sacrifices essential to Santeria religious practice violates the Texas Religious Freedom Restoration Act (TRFRA). [BF]
12. Milwaukee Deputy Sheriffs Assoc. v. Clarke (7th Cir., pending) — Milwaukee County Sheriff David Clarke violated the separation of church and state when he required deputies to attend presentations by the Fellowship of Christian Centurions (FCC). (The FCC is an organization formed by members of an evangelical church in Brookfield, Wisc.) [AU amicus 5/23/08]
13. Newdow v. Carey (9th Cir., oral arguments Dec. 4, 2007) — challenges the recitation of the Pledge of Allegiance with "“under God” in public schools. [US,BF-def]
14. Newdow v. Congress of the United States (9th Cir., oral arguments Dec. 4, 2007) — Dist.Ct. (E.D. Cal., June 12, 2006) rejected Michael Newdow's challenge to the constitutionality of "In God We Trust" as the national motto and its use on coins and currency. [US,PJF-def]
15. Newdow v. Roberts (D.C. Cir., oral arguments sched. for Dec. 15, 2009) — challenges the administer of the presidential oath from appending “so help me God” and prayers in the invocation and benediction of presidential inaugural ceremonies in 2009, 2013 and 2017. [AHLC-plf/applt; DoJ,PJI-def/applee; ACLJ-amicus]
16. Nurre v. Whitehead (9th Cir., Sept. 8, 2009) — held that school officials did not violate a student’s free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school’s graduation ceremony.
17. Pedreira v. Kentucky Baptist Homes for Children (6th Cir., Aug. 31, 2009) — the 6th Cir. founding standing to challenge the flow of state funds to KBHC under the Establishment clause but rejected an employment discrimination claim under the Kentucky Civil Rights Act brought brought by a Family Specialist who had been fired because she was a lesbian. KBHC is a pervasively sectarian institution. [ACLU,AU-plf/applt]
18. River of Life Kingdom Ministries v. Village of Hazel Crest, (7th Cir., Oct. 27, 2009) — 7th Cir. refused to grant a preliminary injunction to permit a church to relocate from a crowded warehouse to property it purchased in an area zoned for various commercial uses, but not for religious services.
19. Roark v. South Iron R-1 School District (8th Cir., July 16, 2009) — the 8th Cir. upheld a school district's policy on distribution of "printed material" in schools by outside organizations. Distribution is limited to before and after school and lunch hour, and can take place only in front of the administrative offices or in a corner of the cafeteria. (The decision leaves in place a permanent injunction barring school officials from allowing distribution of Bibles to elementary school children on school property at any time during the school day.)
20. Sherman v. Township High School District 214 (7th Cir., pending) — Dist. Ct. (N.D. Ill., Jan. 21, 2009) enjoined enforcement of the Illinois statute that provides each school day must begin with a brief period of silence for prayer or reflection.
21. Snyder v. Phelps (4th Cir., Sept. 24, 2009) — 4th Cir. agreed with the Westboro Baptist Church and its leaders that a $5 million judgment against them growing out of their picketing of the funeral of Iraq veteran Matthew Snyder violated their free speech rights.
22. Stratechuk v. Bd. of Educ. (3rd Cir., oral arguments Sept. 14, 2009) — 3rd Cir. heard oral arguments in a New Jersdy case. Dist. Ct. (2008 U.S. Dist. LEXIS 66383 (D. N.J., 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.
23. Stormans, Inc. v. Selecky (9th Cir. Oct. 28, 2009) — 9th Cir. denied a request for a rehearing en banc. On 7/8/09, the 9th Circuit vacated a preliminary injunction issued by a federal district court enjoining enforcement of Washington State Pharmacy Board regulations that require pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. See ReligionClause blog. (Plf - Northwest Womens Legal Center and Planned Parenthood.)
24. Trunk v. City of San Diego (9th Cir., pending) — the Dist.Ct. (SD CA, Jul. 29, 2008) 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. (See also Jewish War Veterans v. Rumsfeld)

U.S. District Courts

1. A.Q. v. Bd. of Educ. of Lindenhurst Union Free School Dist. (E.D. N.Y., filed Feb. 3, 2009) — high school studentis challenging high school's refusal to give official recognition to a student Bible Club. [ADF]
2. ACLU of Florida v. Dixie County, FL (N.D. Fla., filed Feb. 6, 2008) — A suit to force the county to remove a 5-foot tall Ten Commandments monument from the courthouse steps. The monument includes the inscription "Love God and Keep His Commandments" at the base. Update: 2008 U.S. Dist. LEXIS 61177 (ND FL, Aug. 8, 2008) — Dist. Ct. held that an ACLU member had standing (and thus so did the ACLU). [ACLU/plf]
3. ACLU of Ohio v. DeWeese (N.D. Ohio, Oct. 8, 2009) — Dist. Ct. enjoined Richland County (OH) Common Pleas Judge James DeWeese from continuing to display in his court room a framed poster he had created titled "Philosophies of Law In Conflict" which included the Ten Commandments. [ACLU/plf].
4. ACLU of Massachusetts v. Leavitt (D. Mass., filed Jan. 12, 2009) — lawsuit alleges that the U.S. Dept. of Health and Human Services is allowing a Catholic organization to limit a program for human-trafficking victims to groups that do not provide access to abortion or birth control. [ACLU/plf]
5. ACLU of Minnesota v. Tarek Ibn Ziyad Academy (D. Minn., Sept. 24, 2009) — Dist. Ct. denied a motion by the sponsor of a controversial charter school to certify an interlocutory appeal of a decision handed down by the court in July. On 7/21/09, the Dist. Ct. held that the plaintiff had taxpayer standing. The lawsuit, filed 1/21/09, alleges that the academy's policies promote Islam and that the school has improperly leased land from sectarian organizations. The academy is a publicly-funded cultural identity charter school operating in the Twin Cities area. [ACLU/plf]
6. Chalker v. U.S. Dept. of Defense (D. Kan., filed Sept. 25, 2008 — lawsuit alleges that plaintiff was forced to attend mandatory military formations where Christian prayers were given, and other allegations about avangelizing in compat. [MMRF]
7. Chane v. District of Columbia (D. D.C., complaint filed Sept. 18, 2008) — challenges the District of Columbia’s plan to grant more than $12 million in public property and cash to the Central Union Mission, a religious homeless shelter. The Mission conditions shelter for the homeless on participation in Christian religious activity, including mandatory attendance at nightly church services. (ACLU,AU-plf]
8. Christian Rights Ministries v. City of Chesapeake (E.D. VA., complaint filed Apr. 3, 2008) — A Christian group was barred from continuing to display a 12-foot high Christian cross in a Chesapeake public park following a Fourth of July parade. [ADF-plf]
9. Citizens for Community Values v. Upper Arlington Public Library Board of Trustees (S.D. Ohio, Aug. 14, 2008) — Dist. Ct. found unconstitutional a public library's policy of making its meeting rooms available for a wide variety of meetings by non-profit groups, but barring their use for elements of meetings that are quintessentially religious or are inherent elements of a religious service. Finding that the library had turned its meeting rooms into designate public forums, the court held that plaintiff's proposed program on Politics and the Pulpit was consistent with activities permitted by the library, even though it included prayer. [ADF-plf]
10. Doe v. Mount Vernon City School Dist. Bd. of Educ. (S.D. Ohio, ) — Lawsuit was filed against controversial Mt. Vernon, Ohio middle school science teacher John Freshwater. District superintendent Steve Short and middle school Principal William White were also named as defendants in the suit claiming that Freshwater taught religion in his classroom and that school officials failed to discipline him for doing so.
11. Doe v. Tangipahoa Parish School Dist. (E.D. La.) — ACLU filed new complaint on 2/29/2008 challenging opening board meetings with a sectarian prayer. [ACLU-plf]
12. Does v. Elmbrook Joint Common School District No. 21 (E.D. Wis., June 2, 2009) — Dist.Ct. refused to grant a preliminary injunction to bar two Wisconsin high schools from holding their graduation ceremonies in a church building. Complaint [AU-plf]
13. Freedom From Religion Foundation v. Ayers (W.D. Wisc., complaint filed July 13, 2009) — lawsuit brought to prevent the Architect of the Capitol from engraving “In God We Trust” and the religious Pledge of Allegiance in the Capitol Visitor Center. [FFRF-plf; DoJ-def; ACLJ-amicus]
14. 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). [FFRF-plf]
15. Freedom From Religion Foundation v. Geithner (E.D. Cal., complaint filed Oct. 16, 2009) — challenges Sections 107 and 265(a)(6) of the Revenue Code violate the Establishment Clause by discriminating against secular organizations and excessively entangling the government with religion because determinations whether the sections apply turn on religious criteria and inquiries. Sec. 107 permits “ministers of the gospel” to exclude amounts they receive as a “housing allowance” from their gross income. [FFRF-plf]
16. Freedom From Religion Foundation v. Hanover School Dist. (D. N.H., Sep. 30, 2009) — To be appealed to the 1st Cir. Dist. Ct. upheld the recitation of the Pledge of Allegiance with “under God,” staying that the phrase falls “comfortably within the category of historic artifacts – reflecting benign or ceremonial civic deism.” [FFRF-plf]
17. Freedom From Religion Foundation v. Manitowoc County (E.D. Wis., filed Dec. 12, 2008) — challenges a nativity scene on the courthouse lawn that is owned by the Manitowoc County Catholic Women's Club. There are no other displays on the lawn. [FFRF-plf]
18. Freedom From Religion Foundation v. Obama (W.D. Wis., filed May 26, 2009) — denied defendants' motion to dismiss the law suit which seeks a declaratory injunction that PL 100-307 and presidential and gubernatorial National Day of Prayer proclamations calling on citizens to pray violate the E.C. The court held that Plaintiffs sufficiently pleaded standing by alleging they were exposed to unwelcome religious speech and sufficiently pleaded an Establishment Clause violation by alleging that defendants' conduct has the purpose and effect of advancing religion. [FFRF-plf]
19. Galloway v. Town of Greece, N.Y. (W.D. N.Y., filed Feb. 28, 2008) — challenges a town council in New York opening its public sessions with Christian prayer. Almost all of the board's opening prayers are explicitly Christian, and that since 2004, only a single non-Christian has been invited to deliver the opening prayer. [AU-plf]
20. Gay-Straight Alliance of Yulee H.S. v. Sch. Bd. of Naussau County (M.D. Fla., filed Feb. 2, 2009) — challinging school prohibition against forming a campus club promoting tolerance towards gays. Hearing held 3/7/09. [ACLU-plf]
21. Joyner v. Forsyth County, (M.D. N.C., Nov. 9, 2009) — a federal magistrate judge recommended that the court issue a declaratory judgment finding that sectarian invocations opening Forsyth County Board of Commissioners meetings violate the Establishment Clause. [ACLU-AU-plf]
22. Kidd v. Obama (D. D.C., Oct. 30, 2009) — Dist. Ct. rejected an Establishment Clause challenge to use of "In God We Trust" on U.S. currency. The court quoted a 9th Circuit opinion stating that use of the motto on currency: “is of a patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise.”
23. Moss v. Spartanburg (D. S.C., complaint filed June 17, 2009 —
24. Nampa Classical Academy v. Goesling (D. Id., complaint filed 9/1/2009) — challenges a Commission order banning the use of the Bible or any other religious documents or texts in public charter school classrooms. The plaintiff, the Nampa Classical Academy, had developed its entire curriculum in a classical, liberal arts format, using primary texts – secular and religious – as a method of educating its students.
25. R.G. v. Placentia-Yorba Linda Unified School Dist (C.D. Cal., Sep. 3, 2008) — Dist. Ct. issued a temporary injunction requiring Esparanza High School to allow a yet-to-be-organized bible club on campus this year. School policy permitted only curriculum-related clubs, but the court found that the school had permitted two clubs (Red Cross and Students Making A Difference) that are not curriculum based, and therefore the school needs to give the bible club equal access.
26. Red River Freethinkers v. City of Fargo, North Dakota (D. N.D., complaint filed Apr. 18, 2008;) — city refuses to permit the Freethinkers to place a monument citing the Treaty with Tripoli to placed near a Fraternal Order of Eagles donated Ten Commandments monument on city property.
27. Regan v. Hudson School District (D. N.H., complaint filed July 21, 2008) — law suit on behalf of a Christian woman against a New Hampsire school district that refused to allow vacation bible school flyers to be made available to students as part of the district's public literature distribution program. The district's superintendent rejected the flyers on the grounds that they were religious. [ADF-plf]
28. Robinson v. Thompson (S.D. Mich., complaint filed Sept. 9, 2009) — lawsuit seeking to end religious messages that are part of state-sponsored and state-funded "abstinence-only-until-marriage" programs. [ACLU-plf]
29. Roman Catholic Foundation v. Regentsof the Univ. of Wisconsin Sytem (W.D. Wis., Sept. 27, 2008) — Dist.Ct. issued a declaratory judgment requiring tha funding decisions be made on a viewpoint neutral case-by-case basis, instead of categorically denying funding to worship, proselytizing and activities involving sectarian religious instructionx.
30. S.D. v. St. Johns County School District (M.D. Fla., Apr. 15, 2009) — Dist. Ct. granted a preliminary injunction barring an elementary school in St. Johns County, Florida from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust." Third graders had been told that if they did not wish to practice the song for their upcoming assembly, they could not appear at all in the program. Amended complaint filed Apr. 21, 2009 to include "Chatter With the Angels." (A performance of "Chatter With the Angels" by a Bridgeport (CT) Children's Choir on YouTube here.).
31. St. Faustina Old Catholic Church v. City of Pensacola (N.D. Fla., complaint filed Apr. 23, 2009) — a Pensacola, Florida Catholic Church sued city officials to challenge their exclusion from a downtown park of a weekly picnic held by a Bible study group from the church. The church members share their food with anyone who happens to be in the park, and then go to the Church nearby for formal Bible study.
32. Staley v. City of Houston (S.D. Tex., Oct. 21, 2009) — challenges the constitutionality of the city council opening its meetings with a prayer. Invocations are offered either by Council members or invited clergy of various religious faiths. City Councilwoman Anne Clutterbuck was also named as a defendant. She often opens Council sessions with the Lord's Prayer.
33. Summers v. Adams (D. S.C., Nov. 10, 2009) — Dist. Ct. held that the statute authorizing South Carolina's "I Believe" license plates – carrying the image of a cross superimposed on a stained glass window – violates the Establishment Clause. [AU-plf]
34. Tummino v. Hamburg (E.D. N.Y., Aug. 27, 2009) — Dist. Ct. denied a motion by three conservative Christian groups to intervene in a lawsuit in order to challenge a ruling by the court requiring the Food and Drug Administration to make Plan B emergency contraceptives available to 17-year olds without a prescription. (Concerned Women for America, Christian Medical & Dental Associations and Christian Pharmacists Fellowship International )
35. Workman v. Mingo County Schools, (S.D. W.Va., Nov. 3, 2009) — Dist. Ct. upheld West Virginia's compulsory vaccination program for school children.
36. Voitle v. Rogers (D. Vt., filed Feb. 6, 2009) — lawsuit filed alleging that a seventh-grade teacher, Wally Rogers, subjected students to religious proselytizing and that school officials failed to repsond to complaints. [ACLU-plf]

State Courts

1. Morr-Fitz, Inc. v. Blagojevich (Ill. Sup. Ct., Aug. 19, 2009) — an Illinois trial court judge granted a preliminary injunction, pending a decision on the merits, preventing enforcement of a State Pharmacy Board rule requiring pharmacies to dispense Plan B and other forms of emergency contraception. This injunction builds on a temporary restraining order issued 4/09. [ACLJ-plf]