MD Court says DOE letter, DEI Order unconstitutional
A federal District Court in Maryland (Stephanie A. Gallagher) has ruled that the Department of Education’s “Dear Colleague” letter to states and school districts receiving governmental funding, which required recipients to comply with the Administration’s requirements to eliminate programs supporting diversity, equity and inclusion, is unconstitutional and illegal. The Court had previously stayed the enforcement of the February 14 letter (See Nonprofit Issues®, Vol. XXXV No.
Non-religious Nonprofit May Seek Protection Under Religious Freedom Restoration Act
Court of Appeals says corporation may argue religious infringement in denial of approval for supervised illegal drug use program
A non-religious nonprofit corporation may argue that its religious freedom has been infringed by the government’s denial of approval for a program to address the abuse of opioids through overdose prevention services, including supervised illegal drug use, the Third Circuit Court of Appeals. It has returned the case to the District Court in Philadelphia to determine whether the denial violates the corporation’s religious freedom under the Religious Freedom Restoration Act.
MD Court enjoins dismantling of Americorps
Another federal District Court in Maryland (Matthew J. Maddox) has enjoined the further dismantling of Americorps, saying that it could not be bound by a separate case currently stayed by the Fourth Circuit Court of Appeals.
Incomplete hospital not exempt from real estate tax
An appellate court in Wisconsin has ruled that an under construction but not yet occupied hospital building is not eligible for charitable real estate tax exemption under state law. The Court has affirmed a trial court summary judgment denying the claim for exemption by Children’s Hospital of Wisconsin for its new tower building in Wauwatosa.
Who owns SMU?
Southern Methodist University was originally founded in 1911 as a Texas nonprofit corporation. Its organizing documents provided that it was to be “owned, controlled, and managed by the Texas Conferences of the Methodist Episcopal Church South.” The charter named the initial trustees of the University and provided that their successors would be selected in the manner determined by the Conferences. The articles of incorporation were amended in 1916 to provide that no further amendments would be valid without the approval of the Conferences.