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Representative Matters

AL MADANY ISLAMIC CENTER OF NORWALK, INC. V. CITY OF NORWALK, CONN. ALBANIAN ASSOCIATED FUND V. TOWNSHIP OF WAYNE, N.J. AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE V. PRISON FELLOWSHIP MINISTRIES BENSALEM MASJID V. BENSALEM TOWNSHIP, PA BERKOWITZ V. EAST RAMAPO CENTRAL SCHOOL DISTRICT, N.Y. BETHEL WORLD OUTREACH MINISTRIES V. MONTGOMERY COUNTY, MD. BIKUR CHOLIM, INC. V. VILLAGE OF SUFFERN, N.Y. BUDDHIST EDUCATION CENTER OF AMERICA, INC., V. CITY OF VIRGINIA BEACH, VA. CHABAD JEWISH CENTER OF TOMS RIVER V. TOWNSHIP OF TOMS RIVER, N.J. CHRISTIAN COMMUNITY CHAPEL WESLEYAN CHURCH V. TOWNSHIP OF HILLSBOROUGH CONAWAY V. DEANE CONGREGATION HEICHEL DOVID CONGREGATION KOLLEL V. TOWNSHIP OF HOWELL, N.J. CONGREGATION MISCHKNOIS LAVIER YAKOV V. BOARD OF TRUSTEES FOR THE VILLAGE OF AIRMONT, N.Y. CONGREGATION RABBINICAL COLLEGE OF TARTIKOV V. VILLAGE OF POMONA, N.Y. DAYALBAGH RADHASOAMI SATSANG ASSOCIATION OF NORTH AMERICA V. TOWNSHIP OF OLD BRIDGE, N.J. EAGLE COVE CAMP & CONFERENCE CENTER V. TOWN OF WOODBORO, WISC. FAITH TEMPLE CHURCH V. TOWN OF BRIGHTON, N.Y. FIRST PENTECOSTAL UNITED HOLY CHURCH V. CITY OF CHESAPEAKE, VIRGINIA FISHERMEN OF MEN CHURCH, APPLICATION OF, D.C. GREAT LAKES SOCIETY V. GEORGETOWN TOWNSHIP, MICH. GREENWICH REFORM SYNAGOGUE V. TOWN OF GREENWICH, CONN. HARBOR MISSIONARY CHURCH V. CITY OF SAN BUENAVENTURA, CAL. HINDU TEMPLE AND CULTURAL SOCIETY OF USA V. BRIDGEWATER TOWNSHIP, N.J. MOXLEY V. TOWN OF WALKERSVILLE, MD. NATIONAL COMMITTEE FOR AMISH RELIGIOUS FREEDOM NAVAJO NATION V. UNITED STATES FOREST SERVICE NEW BEGINNINGS CHRISTIAN FELLOWSHIP V. TOWNSHIP OF BRICK PARAMESWARAN V. MYSOREKAR RIVERDALE BAPTIST CHURCH V. ANNE ARUNDEL COUNTY, MD. ROCKY MOUNTAIN CHRISTIAN CHURCH V. BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY SAHANSRA V. WESTCHESTER COUNTY HEALTH CARE CORPORATION SPIRIT OF ALOHA TEMPLE V. COUNTY OF MAUI ST. JOHN UNITED CHURCH OF CHRIST V. INDIANAPOLIS HISTORIC PRESERVATION COMMISSION, IND. ST. JOHN´S UNITED CHURCH OF CHRIST V. CITY OF CHICAGO THIRD CHURCH OF CHRIST, SCIENTIST V. DISTRICT OF COLUMBIA HISTORIC PRESERVATION REVIEW BOARD TROTMAN V. BEN GILMAN SPRING VALLEY MEDICAL AND DENTAL CLINIC YESHIVA GEDOLA NA'OS YAAKOV V. OCEAN TWP., N.J.

Berkowitz v. East Ramapo Central School District, N.Y.

03/21/2013: S&G Orthodox Jewish clients win summary judgment

The Religious Observance Clauses at issue here do not single out a particular religious sect or denomination for special treatment; rather, they are reasonable accommodations of the employees’ religious beliefs. The Supreme Court “has long recognized that the government may (and sometimes must) accommodate religious practices and that it may do so without violating the Establishment Clause.” Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327, 334 (1987) (internal quotation marks and citation omitted); see also Cutter v. Wilkinson, 544 U.S. 709, 713 (2005) (same). The Court has held that “there is room for play in the joints between’ the Free Exercise and Establishment Clauses, allowing the government to accommodate religion beyond free exercise requirements, without offense to the Establishment Clause.” Cutter, 544 U.S. at 713 (quoting Locke v. Davey, 540 U.S. 712, 718 (2004)). “There is ample room under the Establishment Clause for ‘benevolent neutrality which will permit religious exercise to exist without sponsorship and without interference.”

Here, the District’s enforcement of the Religious Observance Clauses does not amount to an illicit advancement of religion through its own activities and influence; rather, the clauses are self-selecting and allow the teachers and nurses to decide whether to use their leave days for the purpose of observing a particular religious holiday. Moreover, the Religious Observance Clauses do not designate specific religious holidays for inclusion, thereby improperly granting an added benefit to members of one faith and creating the impermissible inference that the District favors or prefers particular religions over others.

Berkowitz v. East Ramapo Central School Dist., Civ. No. 11-07002 (S.D.N.Y. Mar. 21, 2013).