The Defendants, Reverend Linwood Rooks, Reverend Harriet Yun, and Bald Mountain Community Church, move to dismiss the Complaint on the ground of lack of subject matter jurisdiction on the basis of lack of diversity of citizenship. This Complaint arises out of a dispute regarding the Plaintiff’s, Ernestine Petrillo, investment in one of the defendant’s business ventures. Reverend Rooks and Reverend Yun are pastors at the Bald Mountain Community Church in Bald Mountain, Alabama. The Plaintiff, Ernestine Petrillo, has resided in Alabama all of her life until June of 2015 when she moved to Wisconsin to further her education by attending graduate school. For diversity jurisdiction, the amount in controversy is undisputed, however, Plaintiff has
Gwendolyn I. Cooper v. Oak Rubber Company 15 F.3d 1375 (6th Cir 1994) case supports our recommendation of litigation because Cooper could not establish prima facie case of discrimination, that Oak reasonably accommodated her religious beliefs. The district court concluded that Oak could not have relieved Cooper all Saturday work responsibility without suffering undue hardship, i.e., the need to hire another employee or a resulting loss of production.
In summary, Trinity Lutheran Church of Columbia is a daycare organization that has some religious classes. They applied for funds for playground equipment and were denied by the Missouri Department of Natural Resources for funds, because Article I, Section 7 of the Missouri Constitution says that money shouldn't be given to organizations that support religion. Trinity sued because it is against Freedom of religion if you are going to cut off certain groups of people from grants or charity, just
Legal Question: The legal issue presented in this case ultimately questioned the University of Michigan’s admission policy which sought a more diverse student body. The court addressed whether the University of Michigan’s use of racial preferences in the admission process violated
It has been argued since the start of immigration whether or not aliens (undocumented or documented) should have the same equal rights as Americans when it comes to employment, education, and benefits in the United States. Despite what individuals believe or disbelieve, under certain acts, codes, laws, and the U.S. Constitution, all aliens have rights, regardless of their immigration status. In this paper I will discuss an overview of the court case, Patel v, Quality Inn South, which deals with an undocumented alien who was able to recover funds from his former employer. I will explain the acts that impacted the case, whether I agree or disagree with the outcome of the case, and my personal opinions of the case itself.
The LSUC has violated an important Charter right by refusing to credit law graduates from TWU because it emphasizes certain Christian values. Volkenant, is a TWU alumnus and after obtaining his Bachelor Degree at TWU he wanted to study law at TWU’s law school so he could continue to learn in an environment where his Christian beliefs were respected. He was unable to attend TWU’s law school and has since started law school at the University of Alberta. TWU argued that the LSUC had no right to discredit its law school since it has followed all the necessary steps to establish a credible law school; this included making sure that the school’s Covenant did not create any major issues with the public.
Maria Guadalupe Baldovinos was born October 18, 1996. To get started on her story I would have to you back to how her parents met to get a better understanding. Maria’s mother is name Dominga she is one of nine kids in a Mexican household and Antonio also coming from a household of nine. Her parents are humble people who have always worked hard throughout their lives to make a living. Dominga is short fair skin women whose mother never gave her the love that she deserved, same goes with Maria’s father it was difficult to give them the same attention and love to all their kids, so they always lacked love from parents. Only difference is Maria’s mother got some love from her father who has looked after her and guided her throughout. Dominga’s
Nantiya Ruan, currently a Professor at the University of Denver's Sturm College of Law, has years of experience representing plaintiffs in complex litigations in the United States, including cases on civil rights, employment discrimination, and compensation. In this article, much is spoken about the various laws protecting one against religious discrimination, including the Free Exercise Clause, the First Amendment, and the Workplace Religious Freedom Act, among others. The article places emphasis on several cases where the courts have denied religious expression in the workplace. To solve these inconsistencies, Ruan devises three approaches for the courts to provide protection for respectful religious expression. Ruan states that, "This
Issue: Did BAE discriminate against Frynee in violation of her right to equal protection of the laws under the 14th Amendment of the US Constitution?
The next case, Walz v Tax Comm’n of the City of New York, was also brought to the light of the Supreme court for alleged violation of the Establishment Clause as well. The circumstances of the case are also similar to that of the Everson v Board of Education. The plaintiff, being Mr. Walz, held land in New York City. Mr. Walz filed a lawsuit in state court pursuing a decree that will restrict the Tax Commission from executing a segment of the New York Constitution which gave immunity from property taxes upon the land operated exclusively for the purposes of religion, education, and or charity. The problem that could have risen from this tax exemption was that someone could argue that this was favoring a certain religion and violating the Establishment and Free Exercise Clauses of the First Amendment. This is exactly the argument that was made by Mr. Walz. Both court of appeals and the state supreme court conceded summary judgement for the Tax Commision. A summary
An example of the complications involving religious neutrality, and the difficulties that emanate from trying to respect all representations of religion arise in the Chino Valley school board case. School board president, Andrew Cruz became known for, “opening board meetings with an invocation prayer, but also discussing religion and reading from the Bible throughout the meetings,” (Yarbrough). In the Chino Valley case, the display of explicitly Christian messages and scriptures provided grounds for the atheist group, Freedom From Religion Foundation, to sue for violating the United States, and the California Constitution. The issue of neutrality arises in the decision-making of the Court. If the Court rules for the Freedom From Religion Foundation and agrees that the appearance of the explicitly Christian material has no place in a school board meeting, Cruz and his like-minded believers may feel that their right to practice religion has been infringed upon. However, if the court rules for Cruz, those who identify themselves as being in the minority of religious groups may feel that the Court has respected the majority religion over theirs, thereby ignoring their
There most significant legal issue related to this case is that there is no clear definition as to what diversity, underrepresentation and an appropriate
This passage reminds of the time when I was at the airport waving goodbye to my cousin, just before she went through the security checkpoint. Just like what Liesel did in the text, I was also holding on to my cousin's hand until I got blocked off by one of the security guards, who were at the entrance of the checkpoint. However I was only five at that time, so I didn’t care about what the security guard said and kept on following my cousin. As a result, the guard was angered and I was asked to leave the checkpoint and my cousin alone. As I left, my eyes were teary because she was the only girl cousin that I had and that she cares about me. As a result, I can still remember this experience clearly in my
The second case is A Texas public school teacher name Karen Jo Barrow was denied a promotion to assistant principal because her children went to a private Christian school. She was teacher for fifteen years before that and had all of the appropriate
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Christian companies are being forced to provide services to groups that go against their religion. In 2013, Aaron and Melissa Klein politely declined to make a wedding cake for a same sex marriage because they felt that it went against their beliefs. While this was the right decision in the Klein’s eyes, the repercussions were steep. The state of Oregon punished the