The 3 - May 25, 2025

Court rules in favor of lawsuit challenging FCC proposals on increased employment information

Broadcasters across the nation were facing the possibility of having to provide increased information about their employees if a new proposal had gone into effect.  A new ruling from the U.S. Court of Appeals for the Fifth Circuit has greatly reduced that possibility.

National Religious Broadcasters, which brought the challenge, along with one of its members, released the information on its website recently, stating:

...the Fifth Circuit Court of Appeals ruled that the FCC had overstepped its regulatory authority by attempting to force broadcasters to report the race, ethnicity, and gender of each of their employees.

The NRB action was what was called a "petition for review of FCC 24-18, the rule that reinstated the Form 395-B collection and disclosure requirements."  

Troy A. Miller, President & CEO of NRB stated:

“NRB has always fought to protect Christian communicators from baseless attempts to restrict their First Amendment liberties which hinder their work of proclaiming the Gospel. This ruling helps ensure that the government cannot create a backdoor to control broadcasters through public intimidation, misuse private data against them, or interfere with the sacred and constitutionally protected mission of religious broadcasters.”

The article noted: "FCC Chairman Brendan Carr has stated that the FCC will not appeal the decision of the Fifth Circuit. NRB will continue in its legal and political efforts to fight for Christian communicators’ freedom to operate without unlawful government interference."

High court issues tie vote on matter involving a religious charter school

One high-profile case at the U.S. Supreme Court involved a Catholic virtual school that had been approved as a charter school in Oklahoma.  However, the state's attorney general filed court action to block the school in its attempt.  The Daily Signal reports:

In a tied decision, the U.S. Supreme Court Thursday allowed an Oklahoma Supreme Court decision to stand, disqualifying a Catholic charter school from receiving state funding.

Justice Amy Coney Barrett recused herself from the ruling, resulting in the 4-4 decision.

The court did not issue an opinion, only stating, “The judgment is affirmed by an equally divided court.”

State attorney general Gentner Drummond "...sued the Oklahoma Statewide Virtual Charter School Board and its members, seeking to invalidate its contract with St. Isidore of Seville Catholic Virtual School."  The state supreme court had sided with the attorney general, and that decision will now be allowed to stand. 

The article notes:

The Trump administration had previously filed a brief supporting the school, arguing that excluding it from the program would violate its free exercise rights.

The administration argued that Oklahoma’s exclusion of St. Isidore violates the free exercise clause of the First Amendment, and that charter schools like St. Isidore do not represent part of the state government.

Federal judge strikes down Equal Employment Opportunity Commission transgender guidelines

The Equal Employment Opportunity Commission had been attempting to enact special rules in American workplace, showing favoritism toward transgender employees. The EEOC, which, of course, is under new leadership, posted on its website:

On May 15, 2025, a Texas federal court held the Biden-EEOC’s expansion of the definition of “sex” in its Enforcement Guidance on Harassment in the Workplace was contrary to law...

The website, under new management, explained:

The EEOC previously issued the Enforcement Guidance on Harassment in the Workplace by a 3-2 vote in 2024. EEOC Acting Chair Andrea Lucas voted against the guidance and issued a dissent after it was approved by the EEOC majority. In particular, Lucas has been vocal in her opposition to portions of EEOC’s harassment guidance that took the enforcement position that harassing conduct under Title VII includes “denial of access to a bathroom or other sex-segregated facility consistent with [an] individual’s gender identity;” and that harassing conduct includes “repeated and intentional use of a name or pronoun inconsistent with [an] individual’s known gender identity.”

It notes:

President Trump directed the EEOC to rescind portions of the guidance that conflicted with the executive order. However, any modification or recission must be approved by a majority vote of the Commission, and as of January 27, 2025, the EEOC lacks a quorum. Acting Chair Lucas has made clear that she remains opposed to those portions of the guidance.