CENTER AWAITING DECISION IN EQUAL ACCESS CASE
Center attorneys expect a federal district court judge to issue a decision in Child Evangelism Fellowship v. Montgomery County Public Schools within the next few months. The judge will rule on several motions, including the school district’s motion to dismiss the case, CEF’s motion for summary judgment, and CEF’s renewed motion for injunctive relief.
The Center filed suit against the school district in January 2003 on behalf of CEF, seeking equal treatment of CEF's informational fliers and access to “back to school” nights, open houses and bulletin boards. A federal district court in Maryland declined to order equal treatment of CEF’s fliers, and CEF appealed the decision to the United States Court of Appeals for the Fourth Circuit. The Court of Appeals overturned the lower court decision in June 2004, and remanded the case to the district court.
DC COURT TO ISSUE DECISION IN HEALTH CARE RIGHT OF CONSCIENCE CASE
Center attorneys expect a federal district court judge to issue a ruling any day in National Family Planning and Reproductive Health Association v. Ashcroft. The judge will rule on the constitutionality of the Weldon Amendment, as well as the Center’s motion to intervene.
This case arose in December 2004, shortly after Congress passed and President Bush signed the Weldon Amendment into law. The statute provides that no federal agency or program nor any state or local government receiving certain federal funds may discriminate against healthcare providers because they refuse to perform or refer patients for abortions. The National Family Planning and Reproductive Health Association (NFPRHA) filed a lawsuit in the U.S. District Court for the District of Columbia asking the court to stop federal government agencies from implementing the statute’s conscience protections – protections the Center supports.
In January 2005 the Center filed a motion to intervene in this case on behalf of the Christian Medical Association (CMA) and the American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) to defend the Weldon Amendment’s conscience protections. CMA and AAPLOG’s members include over 18,000 pro-life doctors, nurses, physician assistants, and other healthcare workers.
CENTER TO DEFEND MOTIONS TO DISMISS IN UNIVERSITY CASES
On April 1, Center attorneys will present argument in opposition to the University of California’s motion to dismiss in Christian Legal Society v. University of California – Hastings College of Law.
The Center and the Alliance Defense Fund filed a lawsuit on behalf of the CLS chapter at the University of California - Hastings College of Law in October 2004 against school officials who refused to recognize the group because the chapter would not agree to accept members and officers who openly oppose the chapter’s Christian beliefs.
Also in April, Center attorneys will present argument opposing Arizona State University’s motion to dismiss in Christian Legal Society v. Arizona State University.
Center attorneys and the Alliance Defense Fund filed a lawsuit against Arizona State University on behalf of the CLS chapter in November 2004. The lawsuit arose because school officials demanded that the chapter and its members abide by the school’s “nondiscrimination” policy that would prevent the chapter from conditioning membership and choosing leadership on the basis of an individual’s agreement with the CLS “Statement of Faith.”
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