Category: Courts

November 29, 2013
image of classic birth control pill pack

The big news this past week was the US Supreme Court said it would hear two cases that challenge the contraceptive requirement in the Affordable Care Act. Two companies, operated by devout religious people, claim that having to provide health insurance to their employees that would pay for contraceptives violates their religious freedom under the Religious Freedom Restoration Act (RFRA). The companies claim religious freedom by denying the religious freedom of their employees.

I was going to write a long essay pointing how wrong Hobby Lobby and the Mennonite owners of a wood cabinet company are but Jill Filipovic writing for The Guardian hits the nail on the head. Here is a sample but read the whole article as it gives a great summary of the issue:

November 26, 2013
logo of the Internal Revenue Service

On Friday, November 22nd, a Federal judge in Wisconsin ruled that the ‘parsonage exemption’ which allowed churches to provide housing allowances to ministers tax free was a violation of the 1st amendment of the US Constitution. In the ruling the judge said since the tax exemption had no secular purpose and excluded the non-religious, it was unconstitutional. If the ruling holds up on appeal it would bring some fairness to the tax code for nonprofits and might make some of the televangelists, who own many homes, more accountable for their lavish spending.

November 19, 2013
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John Freshwater

In probably the last gasp for Mount Vernon, Ohio’s proselytizing teacher, John Freshwater, the Ohio Supreme Court ruled 4-3 today that his termination for insubordination was correct. In addition the court ruled that Freshwater had his rights violated when the school district demanded he remove his personal Bible from his classroom desk but that his additional actions in defying that order was enough to justify removing him.

October 5, 2013
screenshot from news report about Jesus painting in Jackson Ohio middle school
Jesus painting in Jackson Ohio middle school before it was moved to the High School in March

Eight months after a lawsuit was filed against a Jackson County Ohio school district over a Jesus painting that had hung in a stairwell of the middle school building for 66 years, a final settlement has concluded the case. The Jackson City School District agreed to remove the painting from school district property and pay $3,000 in damages to each of the suit’s five anonymous plaintiffs as well as the legal costs for the ACLU and Freedom from Religion Foundation.

The district also tried to claim that since insurance paid out the damages, no taxpayer dollars were used. Taxes are used to pay the insurance premium, and will likely increase because of the claim, so like their idea that the Jesus painting was not a violation of the law, their idea about no taxpayer money being used to pay off the lawsuit is also wrong.

September 17, 2013
image of classic birth control pill pack

The U.S. Court of Appeals for the Sixth Circuit ruled today in the case Autocam Corporation v. Kathleen Sebelius, that since for profit corporations can’t exercise religion like individuals, they can’t deny insurance coverage for contraceptives for their employees just because the owners are religious.

The owners of Autocam Corporation filed a lawsuit against the coming government mandate that insurance plans cover contraceptives. The company, located in Michigan, is owned and controlled by members of the Kennedy family, all of whom are practicing Roman Catholics.

September 3, 2013
photo of a Pledge of Allegiance poster in a school

On Wednesday, September 4th, oral arguments begin in the Massachusetts Supreme Court in the case of Doe v. Acton-Boxborough Regional School District. The case is being brought on behalf of three Massachusetts public school students and their parents by the American Humanist Association’s Appignani Humanist Legal Center. The plaintiffs are members of the AHA. The suit seeks to stop the use of the Pledge of Allegiance that uses the phrase “Under God”, added in 1954, using the equal protection clause of the Massachusetts constitution.