Barclay-Rienzi_Appendix A - Boston College Article
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Case NameFederal CourtDateReporter/ CitationFederal RFRA claim raised in case (whether live or not)? Yes or No or State-[insert state]RFRA claim decided on merits in this decision? Yes or NoWhat merits stage? MTD, MSJ, PI, trial, petition for rehearing en bancRFRA claim successful at the current stage? Win or LossContraception Mandate? Yes or NoType of Claimant (individual, prisoner, organization)Religious AffiliationNature of Claim (e.g., eagle feathers, contraceptive mandate, etc.)Facts/SummaryRationale for disposition (low priority for Chelise if fed RFRA decided on merits - so yes in columns E and F)Exemption to Civil Rights Law Involved? (e.g., claimant doesn't have to comply with anti-discrimination laws because of religious beliefs)Notes
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A Woman's Friend Pregnancy Resource Clinic v. HarrisE.D.Cal.December 21, 2015153 F.Supp.3d 1168No
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Abdulqader v. U.S.N.D.Tex.April 07, 20152015 WL 1551080YesNo
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Abeles v. Metropolitan Washington Airports AuthorityC.A.4 (Va.)January 26, 2017676 Fed.Appx. 170YesYesD's MSJ grantedLossNoIndividualOrthodox JewishEmployment discriminationOrthodox Jewish employee brought action against employer and two supervisors, asserting claims for religious discrimination under Title VII, civil rights deprivation under § 1983, and violations of federal Religious Freedom Restoration Act (RFRA) and Virginia Religious Freedom Act.There was no evidence that employer treated employee differently from any similarly-situated employees from outside her protected class, and employee did not have bona fide religious belief or practice that conflicted with an employment requirement.No
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Abeles v. Metropolitan Washington Airports AuthorityE.D.Va.April 01, 20162016 WL 6892103YesNo
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Abordo v. Mobi PCSD.Hawai'iFebruary 25, 20162016 WL 777921No
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Affordable Recovery Housing v. City of Blue IslandN.D.Ill.March 23, 20162016 WL 1161271State-Illinois
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Affordable Recovery Housing v. City of Blue IslandC.A.7 (Ill.)June 21, 2017860 F.3d 580State-Illinois
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Affordable Recovery Housing v. City of Blue IslandN.D.Ill.September 21, 20162016 WL 5171765State-Illinois
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Ajaj v. Federal Bureau of PrisonsD.Colo.January 17, 20172017 WL 219343YesNo
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Ajaj v. United StatesD.Colo.October 25, 20162016 WL 6212518YesYesD's MTD deniedWinNoPrisonerMuslimPrisoner rightsPlaintiff Ahmad Ajaj, a Muslim prisoner in solitary confinement at the U.S. Penitentiary Administrative Maximum Security prison (“ADX”) in Florence, Colorado, filed suit against the Federal Bureau of Prisons (“BOP”) and Warden John Oliver. Plaintiff alleged that these defendants violated (1) his First Amendment right to free exercise of religion and (2) the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. § 2000bb, by refusing to distribute his medications to him before dawn and after sunset so that he could maintain his religious fast during the Islamic holy month of Ramadan in 2013 and 2014.Three allegations within plaintiff's RFRA claim—that (1) the BOP failed to provide medication at certain times during Sunnah, (2) failed to provide a Halal diet with Halal meat, and (3) prevented plaintiff from having access to an imam—all meet the “substantial burden” requirement because they meet that standard under the First Amendment. She also finds that the final aspect of plaintiff's claim (i.e. that the BOP prevents plaintiff from engaging in daily group prayer) likewise qualifies as a “substantial burden” under the Tenth Circuit's recent analysis of that standard in Williams v. Wilkinson. Furthermore, Judge Mix finds that plaintiff has plausibly pled both the absence of a compelling interest and that there are less-restrictive means because he sufficiently demonstrates that the BOP's actions with respect to that final allegation may not be reasonably related to legitimate penological interests.No
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Ajaj v. United StatesS.D.Ill.November 25, 20142014 WL 6685212State-Illinois
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Ajala v. BoughtonW.D.Wis.April 22, 20152015 WL 1814946No
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Ajala v. WestW.D.Wis.December 22, 20142014 WL 7338782No
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Ajala v. WestW.D.Wis.May 04, 2015106 F.Supp.3d 976No
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Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc.S.D.Ala.February 11, 20152015 WL 566946No
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Alford v. Providence HospitalD.D.C.July 25, 201460 F.Supp.3d 118No
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Ali v. StephensC.A.5 (Tex.)May 02, 2016822 F.3d 776No
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Ali v. StephensE.D.Tex.September 26, 201469 F.Supp.3d 633No
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Allah v. Colorado Department of CorrectionsD.Colo.April 22, 20152015 WL 1867565No
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American Humanist Ass'n v. U.S.D.Or.October 30, 201463 F.Supp.3d 1274No
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Ameur v. GatesC.A.4 (Va.)July 16, 2014759 F.3d 317YesNo
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Amos v. StolzerE.D.Mo.November 18, 20142014 WL 6473596YesNo
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Andersen v. MontesE.D.Cal.March 21, 20172017 WL 1064668YesNo
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Andon, LLC v. City of Newport News, Va.E.D.Va.November 20, 201463 F.Supp.3d 630No
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Annex Medical, Inc. v. BurwellC.A.8 (Minn.)September 05, 20142014 WL 4378763YesYesRemanded to determine standingLossYesCorporationChristianContraceptive mandateEmployer that sponsored employees' group health insurance plan, and its controlling shareholder, brought action challenging contraceptive mandate under the Patient Protection and Affordable Care Act (ACA). The United States District Court for the District of Minnesota, David S. Doty, J., 2013 WL 203526, denied plaintiffs' motion for a preliminary injunction prohibiting government from enforcing contraceptive mandate. Plaintiffs appealed.It was "unclear whether Annex's alleged injury is caused by the government defendants and redressable by the federal courts."No
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Annex Medical, Inc. v. BurwellC.A.8 (Minn.)October 06, 2014769 F.3d 578YesYesRemanded to determine standingLossYesCorporationUnknownContraceptive mandateEmployer that sponsored employees' group health insurance plan, and its controlling shareholder, brought action challenging the mandate. The district court denied plaintiffs' motion for a preliminary injunction. Plaintiffs appealed.District court's order denying preliminary injunction should be vacated in light of Hobby Lobby.No
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Arendas v. LewisD.Colo.November 29, 20162016 WL 6962878No
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Armstrong v. BurwellD.Colo.September 29, 20142014 WL 5317354YesYesPermanent Injunction grantedWinYesCorporationChristianContraceptive mandatePlaintiffs, Cherry Creek Mortgage Co., Inc. and its owners, sued the government to enjoin application of certain parts of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act (collectively the “Affordable Care Act”) to them. Following Hobby Lobby, parties stipulated that permanent injunction could be entered in light of the decision.The Supreme Court held that the regulations, referred to as “the contraceptive mandate,” violated the plaintiffs' rights under the Religious Freedom Restoration Act of 1993, 42 U.S.C. §§ 2000bb et seq. It appears to this Court, as it apparently does to the parties in this case, that the holding applies as well to the present plaintiffs.No
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Armstrong v. JewellD.R.I.December 07, 2015151 F.Supp.3d 242YesYesMTD grantedLossNoIndividualsHealing ChurchDrugs (Cannabis)Church members brought pro se action against Secretary of the Interior, Director of National Park Service, and site manager of Rhode Island's federal park, seeking to conduct cannabis-related religious activity at Rhode Island's federal park. Defendants moved to dismiss for failure to state a claim.Church members failed to state claim that government's refusal to permit use of marijuana at national memorial violated Religious Freedom Restoration Act (RFRA).No
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Armstrong v. KilmartinD.R.I.May 17, 20172017 WL 2178359No
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Association of Christian Schools International v. BurwellD.Colo.November 26, 201475 F.Supp.3d 1284YesYesDenied PILossYesOrganizationsCatholicContraceptive mandateEmployers, nonprofit Catholic organizations that objected on religious grounds to certain methods of contraception that they believed were abortifacients, brought action against federal officers and agencies, alleging that contraceptive coverage mandate of the Patient Protection and Affordable Care Act, which required coverage of contraceptive services for beneficiaries in group health plans, imposed a substantial burden on their religious exercise in violation of the Religious Freedom Restoration Act (RFRA). Organizations filed motions for preliminary injunction.Employers did not have substantial likelihood of success on merits of claim that mandate imposed a substantial burden on their religious exercise.No
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Atkinson v. MackinnonW.D.Wis.May 18, 20162016 WL 2901753YesYesSurvives D's MSJWinNoPrisonerMuslimEmployment discriminationPrisoner claimed that state prison officials removed him from his job because he is a Muslim. (Court only ruled on nondispositive pretrial motions)No
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Atkinson v. MacKinnonW.D.Wis.June 24, 20162016 WL 3566278YesNo
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Atkinson v. MacKinnonW.D.Wis.November 12, 20152015 WL 7176381YesNo
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Atkinson v. MackinnonW.D.Wis.July 29, 20162016 WL 4082742YesNo
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Atkinson v. MackinnonW.D.Wis.July 15, 20162016 WL 3920497YesNo
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Atkinson v. MackinnonW.D.Wis.February 06, 20152015 WL 506193YesNo
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Ave Maria School of Law v. BurwellM.D.Fla.October 28, 20142014 WL 5471054YesYesPI grantedWinYesContraceptive mandateRelied on EWTN which was based on RFRA merits
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Ave Maria University v. BurwellM.D.Fla.October 28, 201463 F.Supp.3d 1363YesYesPI grantedWinYesContraceptive mandate
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Avilez v. TDCJ-CIDN.D.Tex.March 12, 20152015 WL 10845897State-Texas
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Aziz v. TrumpE.D.Va.February 13, 2017234 F.Supp.3d 724YesNo
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Aziz v. TrumpE.D.Va.February 03, 2017231 F.Supp.3d 23YesNo
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Balcar v. SmithW.D.Ky.January 26, 20172017 WL 380931YesNo
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Banks v. U.S. Marshals ServiceW.D.Pa.November 03, 20152015 WL 6736816YesNo
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Banks v. United States Marshals ServiceW.D.Pa.February 24, 20162016 WL 1393398YesNo
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Banks v. United States Marshals ServiceW.D.Pa.February 16, 20162016 WL 1394354YesNo
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Barber v. BryantS.D.Miss.August 01, 20162016 WL 4096726State-Mississippi
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Barber v. BryantS.D.Miss.June 30, 2016193 F.Supp.3d 677State-Mississippi
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Barrera-Avila v. WattsS.D.Ga.March 31, 20172017 WL 1240763YesNo
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Barrera-Avila v. WattsS.D.Ga.March 08, 20172017 WL 933123YesNo
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Bartl v. Cook County Clerk of Ciruit Court, IllinoisC.D.Ill.June 02, 20152015 WL 3505255State-Illinois
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Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land MangementD.Nev.December 09, 20162016 WL 7197382YesNo
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Battle Mountain Band v. United States Bureau of Land ManagementD.Nev.August 26, 20162016 WL 4497756YesYesTRO deniedLossNo
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Bayadi v. ClarkeW.D.Va.March 22, 20172017 WL 1091946No
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Bear v. County of JacksonD.S.D.January 04, 20172017 WL 52575No
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Beattie v. Line Mountain School Dist.M.D.Pa.July 10, 20142014 WL 3400975No
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Beattie v. Line Mountain School Dist.M.D.Pa.December 16, 20142014 WL 7183343No
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Becker v. ReddishM.D.Fla.March 22, 20172017 WL 1080036State-Florida
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Bensalem Masjid, Inc. v. Bensalem TownshipE.D.Pa.September 22, 20152015 WL 5611546State-Pennsylvania
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Berger v. United States Department of JusticeE.D.N.C.June 29, 20162016 WL 3620752YesNo
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Bible Believers v. Wayne CountyC.A.6 (Mich.)August 27, 2014765 F.3d 578No
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Bible Believers v. Wayne County, Mich.C.A.6 (Mich.)October 28, 2015805 F.3d 228No
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Billy v. Curry County Board of County CommissionersD.N.M.September 30, 20142014 WL 11430973No
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Blake v. RubensteinS.D.W.Va.April 05, 20162016 WL 5660355No
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Boardman v. C.I.R.C.A.9 (Cal.)March 12, 2015597 Fed.Appx. 413YesNo
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Boatwright v. JacksD.D.C.March 09, 2017239 F.Supp.3d 229YesNo
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Bonelli v. Government of the Virgin IslandsV.I.Super.March 19, 20152015 WL 1407259YesNo
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Bormes v. U.S.C.A.7 (Ill.)July 22, 2014759 F.3d 793No
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Bouman v. BroomeS.D.Miss.September 23, 20152015 WL 5604275YesYesMagistrate's R&R grant summary judgment in favor of DLossNoPrisonerJewishPrisoner rightsPlaintiff attempted to take his Kosher Passover meal outside Food Service dining area so that he could observe his Kosher-meal practices in his cell. He was stopped from doing so by Defendant. Plaintiff sought damages, claiming violation of free exercise rights, RFRA, and the Equal Protection Clause.Found that decision by officials was appropriate (and satisfied the four factors regarding the reasonableness of the regulations pursuant to Turner v. Safley, 482 U.S. 78, 89 (1987)), and did not unreasonably restrict Plaintiff's First Amendment rights.No
71
Brandt v. BurwellW.D.Pa.August 20, 201443 F.Supp.3d 462YesYesPermanent Injunction grantedWinYesContraceptive mandate
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Braun v. AbeleE.D.Wis.June 25, 20152015 WL 3904960YesYesD's MSJ grantedLossNo
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Braun v. TerryE.D.Wis.November 30, 2015148 F.Supp.3d 793YesNo
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Brinkman v. LindermanC.A.9 (Ariz.)September 03, 2015616 Fed.Appx. 227No
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Brown v. Arkansas Department of Finance and AdministrationC.A.8 (Ark.)February 03, 2017674 Fed.Appx. 599Yes (and State-Arkansas)YesD's MSJ GrantedLossNoIndividualUnknownPetitioning on Private PropertyClaims based on a challenge to an Arkansas Department of Finance and Administration policy prohibiting, inter alia, collecting signatures on petitions at State revenue offices located on leased propertyAfter carefully reviewing the record and the parties' arguments on appeal, we conclude that summary judgment was warranted. See Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (standard of review). Specifically, we conclude that the undisputed evidence showed that the private property immediately surrounding the revenue office where Brown solicited signatures was a nonpublic forum, see United States v. Kokinda, 497 U.S. 720, 726–29, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion) (interior sidewalk on postal service property leading from parking area to front door of post office was nonpublic forum); Cornelius v. NAACP Legal Def. & Educ. Fund, Inc. 473 U.S. 788, 802, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985) (“government does not create a public forum by inaction or by permitting limited discourse, but only by intentionally opening a nontraditional forum for public discourse”); that the policy was reasonably related to the State's interest in running revenue offices, and was viewpoint neutral, see Kokinda, 497 U.S. at 730, 110 S.Ct. 3115 (nonpublic forum speech regulation must be reasonable and “not an effort to suppress expression merely because public officials oppose the speaker's view”); Initiative & Referendum Inst. v. United States Postal Serv., 685 F.3d 1066, 1069, 1073 (D.C. Cir. 2012) (ban on collecting signatures on post office interior sidewalk was facially reasonable and valid); and that the policy neither interfered with the free exercise of his religion, nor substantially burdened a sincere religious exercise or belief of Brown's.No
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Brown v. Arkansas Department of Finance and AdministrationW.D.Ark.April 08, 2016180 F.Supp.3d 602Yes (and State-Arkansas)YesD's MSJ granted and P's MSJ deniedLossNo
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Brown v. Bureau of PrisonsD.Conn.March 31, 20172017 WL 1234104YesNo
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Brown v. EbbertM.D.Pa.January 12, 20162016 WL 703014No
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Brown v. JonesN.D.Fla.September 26, 20162016 WL 6208320No
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Brown v. LakeD.Ariz.December 10, 20152015 WL 8479068YesNo
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Brown v. PrisonsD.Conn.March 31, 20162016 WL 1305102YesNo
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Bryan Kawand Sims v. OwensM.D.Ga.November 02, 20152015 WL 6675567No
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Burns v. HickenlooperD.Colo.July 23, 20142014 WL 3634834No
84
Bush v. PrisonM.D.Pa.August 29, 20162016 WL 4502379YesNo
85
Butts v. MartinE.D.Tex.March 30, 20152015 WL 1457441No
86
California-Nevada Annual Conference of the Methodist Church v. City and County of San FranciscoN.D.Cal.November 24, 201474 F.Supp.3d 1144No
87
Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc.M.D.Fla.June 07, 20172017 WL 2458314State-Florida
88
Carcano v. McCroryM.D.N.C.August 26, 2016203 F.Supp.3d 615YesNo
89
Carpenter Properties, Inc. v. J.P. Morgan Chase Bank, N.A.S.D.Miss.March 30, 20152015 WL 13283381No
90
Casey v. StephensS.D.Tex.February 09, 2016161 F.Supp.3d 496No
91
Catholic Benefits Ass'n LCA v. BurwellW.D.Okla.December 29, 201481 F.Supp.3d 1269YesYesPI grantedWinYesContraceptive mandate
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Catholic Health Care System v. BurwellC.A.2August 07, 2015796 F.3d 207YesYesReversed grant of P's MSJLossYesContraceptive mandate
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Cavanaugh v. BarteltD.Neb.April 12, 2016178 F.Supp.3d 819No
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Chandler v. Alabama Dept. of CorrectionsN.D.Ala.August 05, 20142014 WL 4049981YesNo
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Chesser v. Director Federal Bureau of PrisonsD.Colo.February 22, 20172017 WL 698794YesYesMTD denied on RFRA claimWinNo
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Chesser v. Director Federal Bureau of PrisonsD.Colo.March 25, 20162016 WL 1170448YesNo
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Chesser v. Director Federal Bureau of PrisonsD.Colo.June 01, 20172017 WL 2377122YesNo
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Chesser v. RivasS.D.Ill.November 02, 20162016 WL 6471431YesYesClaims dismissedLossNo
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Chesser v. WaltonS.D.Ill.July 08, 20152015 WL 4127152YesNo
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Chesser v. WaltonS.D.Ill.November 02, 20162016 WL 6471435YesNo
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RFRA decisions on the merits (117)
RFRA non-recommended/proposed decisions (104)
Decisions in cases with multiple decisions (32)
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RFRA final dispositive decisions per case (101)
Contraceptive Mandate Cases (31)
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