Archives: Religious Freedom Restoration Act

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Pave it! RFRA Unlikely to Protect Sacred Burial Ground

By Karla Chaffee on Posted in Religious Freedom Restoration Act, Substantial Burden
A Federal Magistrate Judge for the United States District Court of Oregon recently issued findings and recommendations in Chief Wilder Slockish, et al. v. U.S. Federal Highway Administration, et al., concluding that federal highway construction work did not impose a substantial burden on plaintiffs’ religious exercise. Plaintiffs, including members of the Confederated Tribes of the … Continue Reading

Cockfighting Not Sincerely Held Religious Belief, Rules Federal Court

By Evan Seeman on Posted in First Amendment, Religious Exercise, Religious Freedom Restoration Act
In United States of America v. Cruz (F.D.N.Y. 2018), Hector Cruz pled guilty to the charge of knowingly attending a cockfighting event (a fight between two roosters) for sport and entertainment in the Bronx, New York, in violation of 7 U.S.C. § 2156(a)(2)(A) (the “Animal Fighting Venture Prohibition”).  Despite pleading guilty, Cruz raised a bevy … Continue Reading

Seventh Circuit Rules No Religious Discrimination Based On Sprinkler Requirement

By Evan Seeman on Posted in Religious Freedom Restoration Act, Substantial Burden
The U.S. Court of Appeals for the Seventh Circuit has affirmed the decision of the Northern District of Illinois, finding against a faith-based recovery home’s claims of religious discrimination and Fair Housing Act violations stemming from a fire code dispute over the installation of a sprinkler system.  Our prior post regarding the case is available … Continue Reading

RLUIPA Implications of Trump’s Immigration Executive Order

By Evan Seeman on Posted in Establishment Clause, Religious Freedom Restoration Act
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 … Continue Reading

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

By Diana Neeves on Posted in First Amendment, Land Use Regulation, Religious Exercise, Religious Freedom Restoration Act, Substantial Burden
A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom grounds. Please see our previous blog post about the case here. Background Since 1995, ICN has operated a religious school, the … Continue Reading

Bare Amish Horses? It Depends.

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in First Amendment, Religious Exercise, Religious Freedom Restoration Act
Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers.  The ordinance, passed in 2014, is intended to keep town streets clear of horse manure, and is the result of neighbor complaints.  The ordinance requires “[a] properly fitted collection device shall … Continue Reading

Nashville Islamic Center Claims Tax Rules Impose Unfair Burden

By Karla Chaffee, Evan Seeman, John Peloso and Dwight Merriam on Posted in Establishment Clause, First Amendment, Religious Freedom Restoration Act, RLUIPA Round-Up
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 operated a religious … Continue Reading

Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Compelling Interest, Least Restrictive Means, Religious Freedom Restoration Act
The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their religious beliefs.  The Hawaii Cannabis Ministry was founded in 2000 in the City of Hilo, Hawaii as “a community wherein Cannabis … Continue Reading

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Religious Freedom Restoration Act, Substantial Burden
Original photo by Dave H., some rights reserved.Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii.  Mooney and Oklevueha sought to prevent the government from prosecuting them under the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq. … Continue Reading

USPS Sued for Seizing Sacramental Marijuana

By Karla Chaffee, Evan Seeman and John Peloso on Posted in Religious Freedom Restoration Act, Substantial Burden
Oklevueha Native American Church (Church) was established in 1997 in Utah by Plaintiff James Mooney and his wife Linda, who are each of Native American decent.  According to the complaint in Oklevueha Native American Church v. United States of America, Case 3:16-cv-00077 (D. OR, Jan. 15, 2015), the Church has thousands of members and branches … Continue Reading

Illinois Federal Court Dismisses Some, But Not All, RLUIPA Claims

By Evan Seeman, Karla Chaffee and John Peloso on Posted in First Amendment, Nondiscrimination, Religious Freedom Restoration Act, Substantial Burden
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is important for a couple of reasons. First, it serves as a welcome reminder for local governments that … Continue Reading

Houston Housing Authority Sued Under Texas RFRA for Taking Church Properties

By Evan Seeman, Dwight Merriam and Karla Chaffee on Posted in Religious Freedom Restoration Act
Two Houston churches are using the Texas Religious Freedom Restoration Act (“TRFRA”) to challenge the Houston Housing Authority’s actions to acquire their properties by eminent domain as part of an urban renewal project.  The Latter Day Deliverance Revival Center (“Center”) and the Christian Fellowship Missionary Baptist Church (“Fellowship”) are both located in Houston’s Fifth Ward … Continue Reading
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