Current Legal Battles

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Mall’s “Don’t Talk to Strangers” Rule to be Argued Monday in Court of Appeals

City: 
Sacramento, CA
Date: 
06/28/2010

The California Court of Appeals will hear arguments Monday in a case testing the validity of a shopping mall’s attempt to prevent adult patrons from talking to each other about hot-button topics such as religion and politics.

Pledge of Allegiance Court Battle Continues; PJI Files New Brief

City: 
San Diego, CA
Date: 
06/09/2010

Despite a big win earlier this spring for the Pledge of Allegiance in the Ninth Circuit Court of Appeals, the fight is far from over. On March 11, 2010, a three judge panel of the Ninth Circuit ruled that the pledge was constitutional. Now, the Ninth Circuit is considering Dr. Michael Newdow’s request for en banc review, consisting of a larger eleven judge panel chosen at random.

California City Threatened by Atheists for “In God We Trust”

City: 
Ontario, CA
Date: 
06/03/2010

On June 2, 2010, the Ontario city council voted unanimously to include the national motto, “In God We Trust”, in a semicircle above the city seal in the council chambers of City Hall. The effort to post the national motto was spearheaded by Councilman Alan Wapner, who is Jewish and considers the motto nonsectarian. However, the move did not go undisputed. Annie Laurie Gaylor, atheist and co-president of the Freedom from Religion Foundation, threatened legal action against the council. “This is worth a court battle,” Gaylor stated, “because it has an impact up close and personal.

Alameda District Discontinues K-5 LGBT (“Lesson 9”) Curriculum; Parents Dismiss Opt-Out Suit

City: 
Alameda, CA
Date: 
05/19/2010

A group of parents who filed a lawsuit against Alameda Unified School District after the District denied their requests to excuse their young children from lesbian, gay, bisexual and transgender (LGBT) instruction are dismissing their suit. The material at issue (Lesson 9) gave a monopoly on anti-bullying and diversity instruction to only one protected class – LGBT. Lesson 9 excluded all other children who would be subject to bullying because of gender, race, religion, nationality and disability.

PJI Press Conference to Announce Lawsuit Against New Health Care Bill

City: 
San Diego, CA
Date: 
05/13/2010

The Pacific Justice Institute will host a press conference this coming Monday, May 17 in San Diego to announce the filing of a new federal lawsuit challenging the recently enacted federal health care bill. The press conference will be held at 10:00 A.M. in front of the San Diego federal courthouse. Participants will include Brad Dacus, President of the Pacific Justice Institute, and former Assemblyman Steve Baldwin.

Court Rejects Atheists’ Appeal in Suit Challenging Presidential Inauguration

City: 
Washington, D.C.
Date: 
05/11/2010

The U.S. Court of Appeals for the D.C. Circuit upheld the ruling of a federal court dismissing the challenge brought by atheists to prohibit prayers at presidential inaugurations as well the use of “So help me God” in the presidential oath. Pacific Justice Institute represents Drs. Rick Warren and Joseph Lowery, who offered the invocation and benediction at President Obama’s inauguration and are named as defendants in the lawsuit.

Students Disciplined for Praying Settle Case Against College

City: 
Alameda, CA
Date: 
05/05/2010

Two college students who were disciplined for praying have achieved a settlement that retracts their discipline and pays their attorney's fees, ending nearly two years of legal wrangling.

Motions Filed for Rehearing in National Motto and Pledge of Allegiance Cases

City: 
San Francisco, CA
Date: 
04/28/2010

Motions have been filed in the Ninth Circuit to rehear the cases challenging the national motto – In God We Trust – as well as the pledge of allegiance. Last month the Court, in 2-1 decisions, found both to be constitutional. Citing the case as one of exceptional importance, Michael Newdow is asking for an en banc review by the appellate court. Unlike other circuits, in the Ninth Circuit, an en banc panel consists of eleven judges chosen at random.

Victim of Domestic Violence Abused by Government Error

City: 
Sioux Falls, SD
Date: 
04/19/2010

A victim of domestic violence has now found herself unemployed thanks to a mistake by a government agency she turned to for help.

Atheists’ Suit Against Ministers’ Housing Allowance Lands in Federal Appeals Court

City: 
San Francisco, CA
Date: 
04/07/2010

Opening briefs were filed last week with the Ninth Circuit Court of Appeals in San Francisco in a lawsuit filed by atheist Michael Newdow and the Freedom From Religion Foundation against a centuries-old practice of giving ministers a “parsonage allowance” or tax exemption for their housing.

The Ninth Circuit will consider who gets to defend the federal and state statutes being challenged. A group of ministers represented by Pacific Justice Institute sought to intervene as defendants in the case, since they would be most directly affected by the outcome of the case.