Center Opposes Dismissal of Lawsuit Against Michigan Combined Campaign
The Center is preparing for a January 9, 2008 court appearance to oppose a motion filed by Michigan officals to dismiss a lawsuit brought by the Association of Faith-Based Organizations (AFBO) for denying religious charities the right to participate in the State Employees Combined Campaign. The Combined Campaign is a state-operated program by which state employees voluntarily contribute payroll deductions to participating charities. The Campaign rejected AFBO members' 2005 applications, because they refused to sign away their constitutional right to staff and select members who share the organizations' religious beliefs. The Center's lawsuit, filed in October 2006, is seeking a court ruling declaring Michigan's policy unconstitutional and prohibiting officials from denying participation to AFBO's members. The Center's Brief in Opposition can be viewed here.
Center Appeals Exclusion of California Religious Colleges and Universities from Case Involving Sexual Orientation Discrimination Ban
Center attorneys filed an appeal today to the Fourth Appellate District of the California Court of Appeals, seeking reversal of a decision by a Riverside Superior Court excluding AFBO's member schools in California from participation in a case that will decide whether religious schools may be sued for sexual orientation discrimination.
Center attorneys asked the Court to allow the Association of Faith-Based Organizations to intervene in support of California Lutheran High School. The parents of two students are suing the school because it suspended the two girls when they violated the school's code of conduct by allegedly engaging in homosexual behavior. The suspended students' parents claim the school is engaging in "sexual orientation" discrimination in violation of state anti- discrimination laws. AFBO is seeking to intervene in the case on behalf of a coalition of Christian schools to argue that the Constitution permits the schools to establish religious admissions criteria and rules of conduct for their students. The court denied intervention on October 5, 2007.
Justice Dept. Affirms Religious Hiring Rights of Federal Contractors
The U.S. Department of Justice has affirmed that the Religious Freedom Restoration Act protects the right of faith-based organizations to hire fellow believers even when they partner with federal government agencies to deliver critical social services. The Justice Department ruled that World Vision may continue to work with federal agencies to address pressing problems while continuing to prefer hiring those who agree with its faith mission. The ruling may open doors of opportunity for other faith-based programs who have desired to work with federal agencies but have been wary of "non-discrimation" requirements as to staffing embedded in certain federal program laws. A link to the decision is available here.
The Center for Law & Religious Freedom is the advocacy ministry of the Christian Legal Society, which is the professional association founded in 1961 of Christian attorneys, judges, law professors, law students, and friends throughout the United States.