Church and State

Supreme Court nominee Sotomayor’s rulings on religious issues

University of Toledo law professor Howard M. Friedman has compiled a list of Judge Sonia Sotomayor’s rulings on religion clause issues at his blog, Religion Clause. Sotomayor has served on the Second Circuit since 1998. She served as a federal district court judge in the Southern District of New York from 1992 to 1998.

Michael Peabody
May 26, 2009
3 min read

University of Toledo law professor Howard M. Friedman has compiled a list of Judge Sonia Sotomayor’s rulings on religion clause issues at his blog, Religion Clause.   Sotomayor has served on the Second Circuit since 1998. She served as a federal district court judge in the Southern District of New York from 1992 to 1998.

Friedman lists a couple of Second Circuit decisions involving religion where Sotomayor joined the panel majority, but his list of Sotomayor’s Southern District decisions is most helpful:

  • Mehdi v. United States Postal Service, 988 F. Supp. 721 (1997) [LEXIS link] (rejecting claim by Muslim plaintiffs that post offices must include crescent and star along with Christmas and Hanukkah decorations);
  • Moore v. Kennedy, 1996 U.S. Dist. LEXIS 11474 (1996) (prisoner free exercise);
  • Miller v. New York State Department of Labor, 1996 U.S. Dist. LEXIS 11067 (1996) (employment discrimination);
  • Utkor v. McElroy, 930 F. Supp. 881 (1996) [LEXIS link] (immigration asylum);
  • DiNapoli v. DiNapoli, 1995 U.S. Dist. LEXIS 13778 (1995) (accusations against sibling, member of religious order, growing out of estate administration).
  • Rodriguez v. Coughlin, 1994 U.S. Dist. LEXIS 5832 (1994) and Campos v. Coughlin, 854 F. Supp. 194 (1994) [LEXIS link] (preliminary injunction allowing Santeria prisoners to wear religious beads).
  • Flamer v. City of White Plains, 841 F. Supp. 1365 (1993) [LEXIS link] (enjoining city from preventing rabbi’s placing of menorah in city park during Hanukkah).

Read the full article at http://religionclause.blogspot.com/2009/05/sotomayor-is-high-court-pick-here-are.html

Brief mention
U.S. District Court Free Exercise Public Display

Holding: Post offices are not required to include crescent and star symbols alongside Christmas and Hanukkah decorations in recognition of Muslim holidays.

Miller v. New York State Department of Labor 1996 U.S. Dist. LEXIS 11067 (1996)
Brief mention
U.S. District Court Free Exercise Workplace Accommodation
Moore v. Kennedy 1996 U.S. Dist. LEXIS 11474 (1996)
Brief mention
U.S. District Court Free Exercise Prison & Institutional Religion
Utkor v. McElroy 930 F. Supp. 881 (1996)
Brief mention
U.S. District Court Free Exercise Immigration
DiNapoli v. DiNapoli 1995 U.S. Dist. LEXIS 13778 (1995)
Brief mention
U.S. District Court Free Exercise
Campos v. Coughlin 854 F. Supp. 194 (1994)
Brief mention
U.S. District Court Free Exercise Prison & Institutional Religion

Holding: A preliminary injunction allowing Santeria prisoners to wear religious beads is warranted.

Rodriguez v. Coughlin 1994 U.S. Dist. LEXIS 5832 (1994)
Brief mention
U.S. District Court Free Exercise Prison & Institutional Religion

Holding: A preliminary injunction is warranted allowing Santeria prisoners to wear religious beads.

Flamer v. City of White Plains 841 F. Supp. 1365 (1993)
Brief mention
U.S. District Court Free Exercise Public Display

Holding: A city is enjoined from preventing a rabbi from placing a menorah in a city park during Hanukkah.