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Religion & Law

: Religion Clause

Court Says LDS Membership Does Not Require Recusal In Case Against BYU

By Howard Friedman

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In Raiser v. Brigham Young University, 2008 U.S. Dist. LEXIS 3048 (D UT, Jan. 15, 2008), a Utah federal district court rejected plaintiff's motion for recusal in a case against Brigham Young University. The court found no merit in plaintiff's contention that if the judge and the law clerk(s) assigned to the case are members of the Church of Jesus Christ of Latter Day Saints, they are inherently biased in favor of the LDS-owned university. This argument was based on plaintiff's claim that "LDS church teachings necessarily require members' unquestioning faithfulness to all things LDS, including BYU."

Full post as published by Religion Clause on January 17, 2008 (boomark / email).

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