Showing posts with label New Hampshire. Show all posts
Showing posts with label New Hampshire. Show all posts

Thursday, February 24, 2022

Settlement Reached In Dispute Over VA Hospital's Display Of Bible

AP reports that the parties have reached an agreement leading to a New Hampshire federal district court's dismissal of a suit against the Manchester VA Medical Center.  The suit, filed in 2019, challenged a lobby "missing man" display that includes a Bible. (See prior posting.) Under the settlement agreement, the Military Religious Freedom Foundation will apply for permission to set up a second table that will feature an American flag and a published, generic Book of Faith, along with a granite stone engraved with "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Thursday, August 12, 2021

New Hampshire Enacts Law To Protect Churches In Future Emergencies

On Tuesday, New Hampshire Governor Chris Sununu signed HB542, the New Hampshire Religious Liberty Act (full text). The law provides in part:

[D]uring a state of emergency, the state government shall permit a religious organization to continue operating and to engage in religious services to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate.

Under the statute, the state may still require religious organizations to comply with neutral health, safety, or occupancy requirements, but must meet a strict scrutiny test if the requirement imposes a substantial burden on a religious service.

AP reports on the new law, which takes effect in 60 days.

Wednesday, December 23, 2020

New Hampshire Supreme Court Says State Constitution Requires Strict Scrutiny of Free Exercise Infringements

In State of New Hampshire v. Mack, (NH Sup. Ct., Dec.  22, 2020), the New Hampshire Supreme Court held that the state Constitution's elaborate guarantee of free exercise of religion so long as one does not "disturb the public peace" should be read to require strict scrutiny.  The court vacated a trial court's refusal to dismiss a drug prosecution brought against defendant who was a member of the Oklevueha Native American Church. Defendant was convicted of possession of psilocyn and psilocybin for use in religious rituals. The court concluded that the state constitution gives greater free exercise protection against burdens from neutral generally applicable laws than does the U.S. Constitution under the Smith case. The court said in part:

We ... conclude that when religious practices violate a generally applicable law, our State Constitution ... demands that “there . . . be a balancing of [the] competing interests.” ...  [W]e choose to adhere to our traditional formulation of strict judicial scrutiny — requiring the State to demonstrate that its action is “necessary to achieve a compelling governmental interest and narrowly tailored to meet that end.” ... Accordingly, under Part I, Article 5, once an individual establishes that the government action substantially burdens his or her sincere religious practice, ... the burden shifts to the State to show both that the government action is necessary to achieve a compelling government interest, and is narrowly tailored to meet that end....

The Union Leader reports on the decision.

Friday, March 20, 2020

New Hampshire Governor Sued Over Ban On Large Gatherings

One News Now reports that a lawsuit was filed yesterday in a New Hampshire state trial court challenging the Governor's COVID19- inspired emergency ban on gatherings of 50 or more people. The three plaintiffs argue that there is no emergency and that the ban violates their constitutional rights. Among the gatherings that plaintiffs wish to visit are religious services and Sunday school at a Baptist church. The court refused to issue an immediate temporary restraining order and scheduled a hearing for Friday.

Friday, November 29, 2019

State Insurance Regulators Target Trinity Health-Care Sharing Ministry

NPR reported earlier this week on enforcement actions by insurance regulators in Texas, Colorado, Washington and New Hampshire against Aliera and its affiliate Trinity HealthShare for violating rules relating to health-care sharing ministries. These plans for sharing health care costs of members are significantly cheaper than standard health insurance policies. Most of the Christian affiliated ministries will not cover abortion services, and offer prayer hotlines for members. The October 30 press release from the New Hampshire Insurance Department announcing its enforcement action states in part:
Trinity represents itself as a health care sharing ministry, which would be exempt from state insurance regulation. A legal health care sharing ministry is a nonprofit organization in existence since December 31, 1999, whose members share a common set of ethical or religious beliefs and share medical expenses among members. [Trinity was not formed until 2018 and did not show it is faith based and limited its membership to those with common beliefs.]
The Department’s Consumer Services Division received dozens of complaints and concerns from consumers. Some people believed they were buying health insurance and did not know they had joined a health care sharing ministry. Many people discovered this when their claims were denied because their medical conditions were considered pre-existing under the plan, or were not covered because they were deemed inappropriate for a “Christian lifestyle.” 
[Thanks to Scott Mange for the lead.]

Tuesday, June 18, 2019

Church That Is Potential Trust Beneficiary Lacks Standing To Seek Independent Trustee

In In re Trust of Mary Baker Eddy, (NH Sup. Ct., June 14, 2019), held that a Christian Science church in Australia that is a potential beneficiary of a trust created under the will of Christian Science founder Mary Baker Eddy lacks standing to seek the appointment of an independent trustee. The New Hampshire Supreme Court concluded that the Australian congregation failed to show that it had a sufficient special interest in the trust to create standing. Sentinel & Enterprise News reports on the decision.

Wednesday, May 08, 2019

Suit Challenges Bible Display At VA Hospital

Suit was filed yesterday in New Hampshire federal district court against a VA Medical Center challenging a lobby display that includes a Bible.  As described by an AP report on the lawsuit:
The Bible was carried by a prisoner of war in World War II and became part of the Missing Man Table honoring missing veterans and POWs at the entranceway of the Manchester VA Medical Center. The Department of Veterans Affairs said Tuesday the table was sponsored by a veterans group called the Northeast POW/MIA Network.
The complaint (full text) in Chamberlain v. Montoya, (D NH, filed 5/7/2019), contends that the display violates the Establishment Clause, saying in part:
Here, the placement of the Christian Bible in a locked case on the POW/MIA table puts forth the Christian beliefs of some, at the expense of the beliefs of non-Christians.
Plaintiffs in the lawsuit are represented by the Military Religious Freedom Foundation. while the Northeast POW/MIA Network is represented by First Liberty Institute.

Monday, February 05, 2018

Court Stays Removal Of 50 Indonesian Christians Living In New Hampshire

In Devitri v. Cronen, (D MA, Feb. 1, 2018), a Massachusetts federal district court stayed the deportation of 50 Indonesian Christians living in New Hampshire while they seek to reopen their cases based on changed country conditions. The Indonesians, who had orders of removal issued against them, had been living under a 2010 humanitarian program called "Operation Indonesian Surrender." Last summer the government terminated the program and told petitioners that they would need to return to Indonesia within 60 days.  Petitioners say they are likely to face persecution or torture in Indonesia because of their Christian faith. AP reports on the decision.

Sunday, January 29, 2017

Church Loses Its Challenge To Town's Sign Ordinance

In Signs for Jesus v. Town of  Pembroke, NH, (D NH, Jan. 27, 2017), a New Hampshire federal district court upheld a New Hampshire town's application of its Sign Ordinance to prohibit a church (that was outside the commercial district) from installing an electronic changing sign. The court, summarizing its conclusions, said:
First, the Town’s decision to deny the Church’s request for an electronic sign had nothing to do with either religion or the content of the Church’s speech. Second, the decision served the Town’s important governmental interests in aesthetics and traffic safety in a manner that was narrowly tailored to serve those interests. Third, the decision does not unreasonably burden the Church’s right to practice its religious beliefs, to practice free speech, or to use its property. Finally, the Town has not treated the Church differently from any other similarly situated landowner. In light of these conclusions, the Church’s contention that it should be free from the effect of the Town’s electronic sign ordinance amounts to a demand, not for a level playing field, but instead for a right to be treated differently from all other private landowners. Neither the state and federal constitutions nor RLUIPA requires this result. 

Tuesday, May 31, 2016

Catholic Publisher Must File Reports With AG Under New Hampshire Law

In Attorney General, Director of Charitable Trusts v. Loreto Publications, Inc., (NH Sup. Ct., May 27, 2016), the New Hampshire Supreme Court held that a non-profit publishing house and bookseller of Catholic literature is a "charitable trust" under New Hampshire law and thus is required to register and submit annual reports to the state Attorney General's office. The court interpreted the reporting exclusion in NH RSA 7:19 for "religious organizations" to apply to organizations classified by the Internal Revenue Service as "churches" under the federal tax code.  According to the court, "Loreto conducts no religious services, has no congregation, and provides no religious instruction." While the exemption also applies to integrated auxiliaries of religious organizations, Loreto is not integrated auxiliary of the Catholic Church either.

Friday, April 18, 2014

New Hampshire Supreme Court Hears Arguments In Education Tax Credit Challenge

On Wednesday, the New Hampshire Supreme Court heard oral arguments in Duncan v. State of New Hampshire. A video recording of the full arguments is available from the Supreme Court's website. [File will download.]  In the case, a New Hampshire trial court held that the state's Education Tax Credit program violates the state constitution's ban on compelling any person to support sectarian schools and its "No Aid" clause, insofar as the state allows funds generated by the program to be used at religious schools. (See prior posting.) The Concord Monitor reports on the oral arguments.