Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” To the dismay of many, the Supreme Court upheld the Travel Ban in spite of challenges that the President (a) did not have authority to issue the ban under the Immigration and Nationality Act (INA), and (b) violated the First Amendment’s Establishment Clause by targeting and discriminating against Muslims. One of the major takeaways from the majority’s opinion is the extreme deference to be afforded the President when it comes to national security matters. In many other situations, extrinsic evidence regarding religious animus (in the form of statements by government officials) may be given substantial weight when considering an Establishment Clause challenge. But here, such statements by the President were largely trumped by national security concerns.
Continue Reading Supreme Court Says Bon Voyage To Trump Travel Ban Challenges
Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot
The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. The lawsuit was brought by two residents who live near a mixed-use, two-story religious center proposed by Chabad of East Boca, Inc. (“Chabad”). In 2007, Chabad sought to acquire land located in the City of Boca Raton’s single-family zone, where “places of worship” are prohibited. The same year, the City introduced a proposed ordinance that would have allowed places of worship on land originally zoned for residential use. The ordinance would permit Chabad to develop the land in the single-family zone as a place of worship. Residents opposed the ordinance and the City stopped considering the ordinance in 2008. Chabad then abandoned its plans to develop the property in the City’s single-family zone.
Continue Reading Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot
Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy
The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City Council meeting with prayer. The Temple and Ms. Shortt claim that by doing so, the defendants have violated the
Third Time’s Not the Charm for Trump’s Travel Ban
The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause. On September 24, 2017, President Trump issued Proclamation No. 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States
Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause
The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground that it is motivated by anti-Muslim animus. Earlier this year, we posted about the Ninth Circuit’s decision finding that
RLUIPA Implications of Trump’s Immigration Executive Order
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From Foreign Terrorist Entry Into The United States” – and denying the federal government’s emergency motion for a stay to allow enforcement
Rocky Mountain Sign Law Blog: Installation of Ten Commandments On City Hall Lawn is Government Speech, Violates First Amendment
Guest Post by Brian Connolly, Otten Johnson, PC
Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First Amendment.
In 2007, upon request of one of its members, the
Nashville Islamic Center Claims Tax Rules Impose Unfair Burden
Guest Post by Tavo T. True-Alcala
The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of Equalization after it was denied a request for retroactive property tax relief.
Since 1995, ICN has
RLUIPA Defense/Rocky Mountain Sign Law Joint Blog Post: Pennsylvania Borough’s Church Directional Signs Did Not Violate the Establishment Clause
This post is co-authored with Brian Connolly of Otten Johnson Robinson Neff + Ragonetti, contributor author to the Rocky Mountain Sign Law (www.rockymountainsignlaw.com) blog.
Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment
Scottsdale, Arizona Bars Satanic Temple Prayer
The Satanic Temple has had a busy year in Arizona. Earlier this year, we reported that the Phoenix City Council abolished its 65-year practice of beginning council meetings with prayer in favor of a moment of silence, following a request by the Satanic Temple to give a pre-meeting prayer. The City Council later decided to