No. 25-126

Michael Kane, et al. v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2025-08-01
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: accommodation first-amendment religious-discrimination strict-scrutiny title-vii undue-hardship
Key Terms:
Arbitration ERISA FirstAmendment DueProcess Securities EmploymentDiscrimina ClassAction JusticiabilityDoctri
Latest Conference: 2025-12-12 (distributed 2 times)
Question Presented (AI Summary)

Whether strict scrutiny applies to a discretionary scheme that turns on whether individuals follow organized religion and whether their personal religious beliefs differ from the beliefs of their religious leaders

Question Presented (OCR Extract)

Petitioners are hardworkin g public educators who were pushed out of their jobs because of their religious beliefs. Respondents impl emented a post-pandemic vaccine mandate that denied religious accommoda-tions to educators like Petitioners with “personal” re-ligious beliefs or whose religious leaders had “publicly” endorsed vaccination, while granting accommodations to those affiliated with other “established religious organizations.” Under this discriminatory scheme, Christian Scientists received automatic ac-commodation while Catholics were ineligible. The Second Circuit initially rejected this discriminatory approach, mandatin g a “fresh review” under Title VII and local nondiscrimination standards. But City officials just reaffirmed the original denials, con-tinuing to deny beliefs as “too personal” and alternatively claiming it would be an undue hardship to accommodate anyone. This resulted in more unconstitu-tional discrimination: Unlike those accommodated under the original policy, Petitioners had to prove no undue hardship. The court below rubber-stamped this discrimination under rational-basis review, dissolving a unani-mous circuit consensus that applies strict scrutiny to similar discretionary accommodation schemes. The question presented is: Whether strict scrutiny applies to a discretionary scheme that turns on whether individuals follow organized religion and whether their personal religious beliefs differ from the beliefs of their religious leaders.

Docket Entries

2025-12-15
Petition DENIED.
2025-12-08
DISTRIBUTED for Conference of 12/12/2025.
2025-12-02
Rescheduled.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-11-17
Reply of petitioners Michael Kane, et al. filed. (Distributed)
2025-11-17
Reply of Michael Kane, et al. submitted.
2025-11-03
Brief of respondents City of New York, New York, et al. in opposition filed.
2025-11-03
Brief of respondents City of New York et al. in opposition filed.
2025-11-03
Brief of New York, NY, et al. in opposition submitted.
2025-09-02
Brief amicus curiae of Pacific Justice Institute filed.
2025-09-02
Amicus brief of Pacific Justice Institute submitted.
2025-08-29
Brief amicus curiae of Lorica Institute for Freedom of Expression and Religion filed.
2025-08-29
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2025.
2025-08-29
Amicus brief of Lorica Institute for Freedom of Expression and Religion submitted.
2025-08-28
Motion to extend the time to file a response from September 2, 2025 to November 3, 2025, submitted to The Clerk.
2025-08-28
Motion of New York, NY, et al. for an extension of time submitted.
2025-07-21
Petition for a writ of certiorari filed. (Response due September 2, 2025)
2025-05-12
Application (24A1081) granted by Justice Sotomayor extending the time to file until July 21, 2025.
2025-05-07
Application (24A1081) to extend the time to file a petition for a writ of certiorari from May 20, 2025 to July 19, 2025, submitted to Justice Sotomayor.

Attorneys

City of New York et al.
Richard Paul DearingNew York City Law Department, Respondent
Richard Paul DearingNew York City Law Department, Respondent
Lorica Institute for Freedom of Expression and Religion
Martin WhittakerLaw Offices of Martin Whittaker, Amicus
Martin WhittakerLaw Offices of Martin Whittaker, Amicus
Michael Kane, et al.
John J. BurschAlliance Defending Freedom, Petitioner
John J. BurschAlliance Defending Freedom, Petitioner
New York, NY, et al.
Susan PaulsonNew York City Law Department, Respondent
Pacific Justice Institute
Kevin T. SniderPacific Justice Institute, Amicus
Kevin T. SniderPacific Justice Institute, Amicus