COURT TO HOLD HEARING ON CLS’S REQUEST FOR INTERIM RELIEF IN SIU CASE
CLS Center attorneys filed a motion for preliminary injunction in Christian Legal Society v. Southern Illinois University School of Law, and on June 30 the court will hold a hearing on the motion.
The Center asked the court to order the university to restore the CLS chapter’s student group privileges while the litigation is ongoing.
In April, the CLS chapter filed a federal civil rights lawsuit against the university after the university revoked the chapter’s registered status and stripped it of the benefits associated with that status. The university contends that CLS’s membership and leadership requirements constitute “discrimination” on the basis of religion and sexual orientation.
The Alliance Defense Fund and CLS member David O. Edwards of the Springfield law firm Giffin, Winning, Cohen & Bodewes, P.C. also represent the chapter. ADF is generously supporting the Center’s work on this case.
CENTER FILES MOTION TO INTERVENE TO DEFEND HEALTHCARE PROFESSIONALS’ RIGHT OF CONSCIENCE
This month the Center filed a motion to intervene in State of California v. United States of America on behalf of pro-life healthcare professionals to defend their right to refuse to provide abortions and abortion referrals.
Center attorneys filed the motion on behalf of the Christian Medical Association, the American Association of Pro-Life Obstetricians and Gynecologists, and the Fellowship of Christian Physicians Assistants to ask the court to allow them to enter the case as defendants in order to adequately protect their members’ interests.
The Center seeks to protect the conscience rights of healthcare professionals by defending the constitutionality of the Weldon Amendment, which Congress passed and President Bush signed into law in December 2004. The statute forbids state and local governments that receive federal funds from discriminating against healthcare providers because they refuse to perform or refer patients for abortions.
Bill Lockyer, the attorney general of California, filed a lawsuit against the U.S. government in January, claiming the Weldon Amendment is unconstitutional.
Along with Center attorneys, the Alliance Defense Fund and a CLS member also represent the pro-life medical organizations. ADF is financially supporting the Center’s work on this case.
SUPREME COURT UPHOLDS RLUIPA
In May the Supreme Court rejected a constitutional challenge to the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Cutter v. Wilkinson. The Court ruled that RLUIPA does not violate the Establishment Clause.
CLS lobbied for RLUIPA and supported its constitutionality by joining an amicus brief filed by the Coalition for the Free Exercise of Religion. In the brief, a diverse coalition of groups interested in church-state issues asserted that RLUIPA is consistent with the Establishment Clause, it is a constitutional exercise of Congress’ spending power, and it is a constitutional exercise of Congress’ commerce power.
Anthony R. Picarello, Jr. and Derek Gaubatz of the Becket Fund for Religious Liberty and K. Hollyn Hollman of the Baptist Joint Committee wrote the brief.
CENTER JOINS LETTER TO SENATE URGING PROTECTION OF RELIGIOUS STAFFING RIGHTS
The Center joined a letter that Stanley Carlson-Thies of the Center for Public Justice submitted to the chair of the Senate's Health, Education, Labor, and Pensions Committee this month.
By signing on to the letter, the Center urged the Senate committee to protect the right of faith-based organizations who receive certain federal funds to hire employees who share their vision and mission.
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