Firing of Synagogue Religious Teacher for Anti-Israel Blog Post Is Upheld By NY's Top Court

In Sander v. Westchester Reform Temple, (NY Ct. App., Dec. 16, 2025), the New York Court of Appeals (New York's highest court) affirmed the dismissal of a suit alleging that plaintiff was fired from her position with a synagogue in violation of §201-d of New York's employment discrimination law. That section prohibits, among other things, discharging an employee because of the person's legal recreational activities. Plaintiff was fired from her teaching position at a Reform synagogue less than three weeks after she began because of a blog post critical of Israel and Zionism that she co-authored. Plaintiff claimed that her firing was because of blogging which is a lawful recreational activity. The majority opinion by Judge Halligan, joined by 4 other judges, held that her suit should be dismissed under the ministerial exception doctrine. The opinion said it was unnecessary to decide whether of not blogging is a "recreational activity" under §201-d.

Judge Rivera filed a concurring opinion relying on the exclusion in §201-d for activities that create a material conflict of interest relating to the employer's business interest.

Judge Troutman concurred in the result for the reasons stated by the appellate court below, namely that plaintiff was not discharged for the activity of blogging, but for the content of the blog post.

CAIR Sues Florida Over Terrorism Designation

As previously reported, earlier this month Florida Governor Ron DeSantis issued an Executive Order designating CAIR (the Council on American-Islamic Relations), as well as the Muslim Brotherhood, as terrorist organizations under state law. Now CAIR has filed suit in a Florida federal district court challenging the consitutionality of the Governor's action. The complaint (full text) in CAIR-Foundation, Inc. v. DeSantis, (ND FL, filed 12/15/2025), alleges in part:

By issuing this order, Defendant DeSantis has violated the U.S. and Florida Constitutions, as well as federal and state laws. He has usurped the exclusive authority of the federal government to identify and designate terrorist organizations by baselessly declaring CAIR a terrorist organization. He has violated the Constitution’s guarantee of due process by unilaterally declaring CAIR a terrorist organization and then ordering immediate punitive, discriminatory action against CAIR and its supporters....

The designation in the Executive Order imposes burdens on Plaintiffs’ speech and expressive activities by attaching an unauthorized terrorism designation, directing law enforcement agencies to “undertake all lawful measures” pursuant to that designation, and altering Plaintiffs’ legal status with respect to the State in a manner that chills and burdens protected expression. Such burdens are unconstitutional viewpoint-based penalties.....

CAIR issued a press release announcing the filing of the lawsuit.

2nd Circuit Upholds Prison's Restriction of Inmate's Access to Smudging Ritual

In Baltas v Jones, (2d Cir., Dec. 15, 2025), the U.S. 2nd Circuit Court of Appeals upheld the dismissal of a prisoner's free exercise claim. The court said in part:

Baltas argues that Defendant Jones (a Garner Deputy Warden) violated Baltas’s First Amendment right to free exercise of his religion by forbidding him from engaging in the Native American “smudging” ritual while in Garner’s restricted housing unit (“RHU”). ... [T]his claim also fails for want of clearly established law....

We “judge prisoners’ free exercise claims under a ‘reasonableness’ test less restrictive than that ordinarily applied to alleged infringements of fundamental constitutional rights.”... 

... [I]t was not clearly established that prison officials wou ld be “unreasonable” if they prevented prisoners who had “been deemed to present various safety and security concerns” from having “access to a lighter” in a religious ceremony.  Baltas cites no cases involving similarly risky practices. Summary judgment was properly granted as to this claim.

Recent Articles of Interest

 From SSRN:

• Whittney Barth, Pierce v. Society of Sisters and Diminishing Protections for Teachers at Religious Schools, (100 Notre Dame Law Review ___ (forthcoming)).
• Marc O. DeGirolami, The Traditional University and the Free Speech University. (Notre Dame L. Rev. (forthcoming 2026)).
• Kevin C. Walsh, Foreword for Petar Popović, Exploring the Nature of Law: Thomistic Juridical Realism and the Elements of Law's Ontology (CUA Press 2025) (June 01, 2025).
• Jeffrey M. Lipshaw, Interstices, Infinities, Religiosity, And Lawyering, (Journal of Law & Religion, forthcoming).
• Iqra Naz, Criminal Law Perspective on the Capacity of Lunatics and Insane Persons, (December 01, 2025).
• Marcus Castillo, The Christian Influence on Religious Exemption Policy, (February 10, 2025).
• Rasham Armab Saikhu, Author (s): Differences Related to Zakat Between the Islamic System and The Pakistani Legal System, (December 04, 2023).
• Mark Greenberg & Lawrence Sager, Defending Religious Freedom as Equality, (Journal of Law and Religion (in press)).
• Mohammed Billah, Do the NestQuestROI Models Align with Islamic Principles?,  (November 07, 2025).
• Gagas Tri Anggoro, The Maqasid Education Model: Restoring Purpose to Global Learning, (November 02, 2025).

Ministerial Exception Bars Former Priest's Title VII Claims

In Obienu v. Archdiocese of New Orleans, (ED LA, Dec. 11, 2025), a Louisiana federal district court held that a former priest's Title VII claims against his archdiocese are barred by the ministerial exception doctrine. Plaintiff, a United States citizen of Nigerian origin, claimed that clergy in the New Orleans archdiocese mistreated him in a number of ways. Plaintiff filed this Title VII action alleging wrongful termination, failure to promote, failure to allow him to complete the training necessary for promotion, unequal terms and conditions of employment, and retaliation. The court said in part:

Defendants argue that Obienu’s employment discrimination claims are barred because “this lawsuit arises out of a disgruntled former priest’s dissatisfaction with how [the ANO] managed his role as a minister within its system of religious governance.” ...

... [Obienu] contends that summary judgment is not warranted because there are factual disputes whether “the adverse employment actions at issue stemmed not from religious doctrine but from national-origin discrimination, disparate treatment, and retaliation after reporting mistreatment.”...

With the Fifth Circuit’s broad pronouncement in McRaney [v. North American Mission Board of the Southern Baptist Convention] ... that the ministerial exception bars secular courts from considering Title VII and related state-law employment claims brought by a minister against a religious organization, this Court is bound to conclude that Obienu’s remaining employment discrimination claims against Defendants must be dismissed.  It is undisputed that Obienu was, at all relevant times, either a Roman Catholic priest or training to be one.  All the incidents he alleges constitute “employment discrimination” arose while he was training or working under the auspices of the ANO either as a seminarian or as an ordained priest. Further, the persons who he says acted unlawfully were themselves ordained priests or the archbishop.

Religious Liberty Commission Hears Testimony on Religious Liberty in the Military

Yesterday, the federal Religious Liberty Commission held a hearing on Religious Liberty in the Military. The Announcement of the hearing said in part:

The hearing’s objective will be to understand the historic landscape of religious liberty in military, recognize present threats to religious liberty in military contexts, and identify opportunities to strengthen religious liberty for all servicemembers for the future.

 A video recording of the full 2 1/2 hour hearing is available at this link.

7th Circuit: Plaintiff Must Allege More Than Conclusory Statements of Religious Belief to Get Religious Exemption

In Troogstad v. City of Chicago, (7th Cir., Dec. 9, 2025), the U.S. 7th Circuit Court of Appeals upheld the dismissal of free exercise claims by a Chicago Fire Department employee who was denied a religious exemption from the city's Covid-19 vaccine mandate. The court said in part:

Troogstad alleges “the gene-altering aspect of mRNA vaccinations violates his beliefs as a Christian.” But he failed to allege facts about how taking the vaccine violated his religious beliefs. He misses that step....

.... While the pleading of a violation of the Free Exercise Clause need not be overly exacting, in numerous rounds of pleading ... Troogstad did not move beyond conclusory statements. A complaint need not provide detailed factual allegations; mere conclusions generally will not suffice.... Troogstad’s failure to allege facts about how his religious beliefs as a Christian conflict with the vaccine requirement—after numerous opportunities to satisfy this pleading standard—dooms his Free Exercise claim.

For the same reason, the court upheld the dismissal of plaintiff's claim under the Illinois Religious Freedom Restoration Act.

Vice President's Hanukkah Reception Invite Includes Christmas Theme

Vice President JD Vance will host a Hanukkah Reception at the Vice President's Residence on December 15. The Invitation features a rendition of the Vice President's Residence in gold with the caption "The Golden Noel. Celebrating 50 Years of Christmas at the Vice President's Residence".

Suit Challenges High School's Ban on Religious and Political Messages on Its Spirit Rock

A suit was filed this week in a North Carolina federal district court by a high school student whose patriotic and religious tribute to the late Charlie Kirk painted on her high school's Spirit Rock led to controversy and revision of school rules. The 66-page complaint (full text) in G.S. v. Charlotte-Mecklenburg Board of Education, (WD NC, filed 12/8/2025), reads in part:

3. In a desire to emulate Charlie Kirk’s boldness for his faith, G.S. wanted to remind her classmates, friends, and others in the Ardrey Kell High School community that Charlie Kirk had received and was enjoying eternal life with his Savior, Jesus Christ, and to create a space where students could memorialize him. 

4. After receiving permission from school officials to paint the Ardrey Kell High School spirit rock with a patriotic message related to Charlie Kirk, that’s exactly what G.S. and two friends did. They painted the spirit rock with a heart, a United States flag, the message “Freedom 1776,” and a tribute to Charlie Kirk: “Live Like Kirk—John 11:25.” Then they placed flowers in a vase at the base of the spirit rock....

John 11:25 reads: "Jesus said to her, 'I am the resurrection and the life. The one who believes in me will live, even though they die'."

School authorities quickly painted over the tribute and promulgated a Revised Spirit Rock Speech Code which barred students from expressing “political” or “religious messages” on the spirit rock. According to the complaint, authorities also investigated her for a few days for vandalism. 

The complaint, among other things seeks:

A declaratory judgment that Defendant’s Unwritten Spirit Rock Speech Code, Vandalism Policy, and Revised Spirit Rock Speech Code, and the unconstitutional actions against G.S. pursuant to it—including censoring her speech, publicly accusing her of misconduct, searching her cell phone, refusing to clear her name, and adopting a new viewpoint-based policy—violated her rights under the First, Fourth, Fifth, and/or Fourteenth Amendments....

In detailing her claims, plaintiff alleged in part:

458. G.S.’s views and expression on the Ardrey Kell High School spirit rock were motivated by her sincerely held religious beliefs, are avenues through which she expressed her religious faith, and constitute a central component of her sincerely held religious beliefs.

ADF issued a press release announcing the filing of the lawsuit. 

DOJ Seeks to Intervene in Suit Over Christian Males' Reaction to Transgender Use of Boy's Locker Room

The Justice Department this week filed a Motion to Intervene and a Memorandum In Support of its motion in S.W. v. Loudoun County School Board, (ED VA, filed 12/8/2025). DOJ alleges that a Loudoun County high school discriminated against two male Christian students in disciplining them for their reaction to the presence of a transgender male in the boy's locker room.

In an Announcement of its action, DOJ said in part:

Policy 8040 requires all students, regardless of their religious beliefs, to adopt the Loudoun County School Board’s understanding of “gender identity” — including its practical application that affects all students’ use of intimate spaces, such as bathrooms and changing facilities. At Stone Bridge High School, a female student took advantage of this policy, entered the boys’ locker room, and recorded audio and video of the boys in that locker room. Several boys spoke out about this incident, including two Christian, male students whose religious beliefs require them to use biologically accurate pronouns and use sex-segregated facilities.

Loudoun County determined that these Christian, male students’ religious practice violated school policy, recasting constitutionally protected activity as “sex-based discrimination” and “sexual harassment.” ...

(See prior related posting.) Northern Virginia reports on DOJ's action.

Florida Declares CAIR To Be Terrorist Organization

Florida Governor Ron DeSantis on December 8 issued Executive Order Number 25-244 titled Protecting Floridians from Radical Islamic Terrorist Organizations (full text). The Order designates CAIR (the Council on American-Islamic Relations), the Muslim Brotherhood, and organizations designated under federal law as foreign terrorist organizations to be terrorist organizations covered by the Executive Order. The Executive Order goes on to provide in part:

The Florida Department of Law Enforcement and the Florida Highway Patrol are directed to undertake: all lawful measures to prevent unlawful activities in Florida by the terrorist organizations designated in Section 1. Unless prohibited by federal or state law, all other Executive arid Cabinet Agencies shall further undertake all lawful action to prevent any terrorist organization designated in Section 1, or any person known to have provided material support or resources to such organization as defined in section 775.33(1)(c), Florida Statutes, from receiving any contract, employment, funds, or other benefit or privilege from such Executive or Cabinet Agency or any entity regulated by such Executive or Cabinet Agency or from any County or Municipality of the State.

CAIR quickly announced that it plans to file a lawsuit challenging the Governor's action.

Florida's action follows similar action taken by Texas last month. (See prior posting.) The Guardian reports on Florida's action.

11th Circuit: Pedestrian Buffer Zone at Abortion Clinic's Parking Lot Entrance Violates Leafleters Free Speech Rights

In Florida Preborn Rescue, Inc. v. City of Clearwater, Florida, (11th Cir., Dec. 4. 2025), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, held that a preliminary injunction should issue barring enforcement of a ban on pedestrians in the sidewalk crossing the 28 foot wide entrance to a local abortion clinic's parking lot, and for 5 feet of sidewalk on either side of the driveway. The majority said in part:

Florida Preborn has provided “uncontradicted testimony” that the buffer zone has effectively stifled sidewalk counselors’ ability to distribute literature to patients entering and exiting the clinic.  ...

Separately, it remains the case that, by its terms, the Ordinance forbids a clinic patient who has parked her car to approach sidewalk counselors to receive a leaflet....

We think it clear that the Ordinance burdens substantially more speech—namely, the sidewalk counselors’ leafletting activities—than is necessary to achieve the government’s asserted interest in promoting vehicular safety....  

Dispositively here, the city failed to adequately consider alternative measures....

Judge Abudu dissented, saying in part:

The record shows that counselors wait in brightly colored vests at the edge of the driveway, offering materials to patients driving into the clinic.  If the patients desire, they can stop, roll down their window, and engage with the leafleteers.  However, many choose not to do so. Thus, when balancing FPR’s right to communicate its message against the rights of patients and others not to engage, it is clear that there is no substantial burden on FPR’s ability to leaflet.    

Moreover, the fact that FPR has alternative channels of communication available further demonstrates why the Ordinance is constitutional.  As the district court found, the remaining portions of the driveway and adjacent sidewalk area are still available....

Liberty Counsel issued a press release announcing the decision. 

Supreme Court Remands Amish Parents' Challenge to Ending of Religious Exemptions from Vaccinations

Yesterday, the U.S. Supreme Court in Miller v. McDonald, (Docket No. 25-133, Dec. 8, 2025) (Order List), granted certiorari, vacated the 2nd Circuit's judgment, and remanded the case to the Second Circuit for further consideration in light of Mahmoud v. Taylor. In Miller, the 2nd Circuit held that New York state's removal of a religious belief exemption that would allow parents to opt their children out from the state's school immunization law did not violate the 1st Amendment free exercise rights of Amish parents or Amish schools. (See prior posting.) In Mahmoud v. Taylor, the Supreme Court upheld the granting of a preliminary injunction to parents who objected to a Maryland school district's removal of parents' right to opt their children out of class discussions involving LGBTQ+ inclusive storybooks. (See prior posting.) Christian Post reports on the Supreme Court's remand.