Tuesday, December 26, 2023

Top 10 Church-State and Religious Liberty Developments of 2023

Each year in December, I attempt to pick the most important church-state and religious liberty developments of the past year.  My choices are based on the importance of the pick to law or policy, regardless of whether the development has garnered significant media attention. With each pick, I link to one of numerous postings on the topic. The selection of top stories obviously involves a good deal of subjective judgment. Here is a somewhat different list of top stories and newsmakers from the Religion News Association, the professional association of religion journalists. I welcome e-mail comment at religionclause@gmail.com on my choices. Here are my Top Ten picks:

1. Antisemitism spikes in U.S. as President releases National Strategy to Combat Antisemitism.

2. Supreme Court in 303 Creative v. Elenis says free speech protection allows website designer to refuse to create sites for same-sex weddings in violation of her religious beliefs.

3. State legislatures restrict gender dysphoria treatment for minors and transgender women's participation in competitive sports, while teachers sue over school policies requiring them to use students' preferred pronouns or conceal students' social transitions from parents.

4. Court challenges to state abortion bans continue. Plaintiffs claim bans violate state constitutions or violate their religious beliefs regarding abortion.

5. Supreme Court grants review of FDA rules that permit mail distribution of abortion pill.

6. Suits over past denials of religious exemptions from COVID vaccine mandates continue to play out in the courts.

7. Federal agencies say Title VI prohibits certain forms of antisemitic, Islamophobic, and related forms of discrimination in federally funded programs and activities, even though Title VI does not specifically ban religious discrimination.

8. California's targeting of caste discrimination challenged by Hindu Americans.

9. Oklahoma approves state-funded online Catholic charter school. State AG sues.

10. 9th Circuit allows fraud claim against LDS Church over representations about use of tithed funds to proceed.  Plaintiff is prominent former member who had tithed over $2.6 million.