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Religious liberty at the IGC and the Supreme Court

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Once again, religious liberty is before the United States Supreme Court. To make sense of upcoming cases and the issues they involve, the Institute for Governance and Civics at FSU will host a debate on April 16.

Denise Harle, an attorney who specializes in religious liberty law, will take the stage with Marci Hamilton from the University of Pennsylvania to discuss the Court’s upcoming cases in Catholic Charities Bureau v. Wisconsin Labor and Industry Review Commission and St. Isidore of Seville Catholic Virtual School v. Drummond. Both cases may be landmark decisions.

Catholic Charities examines whether the government can define the type of “religious behavior” sufficient to make an organization tax-exempt. Catholic Charities performed charity work in northern Wisconsin.

Consistent with Catholic teaching, those charities did not proselytize. They focused solely on providing charity for those in need. But when Catholic Charities sought tax-exempt status from the state, Wisconsin rejected the request. State tax law exempted those “[i]n the employ of an organization operated primarily for religious purposes.” In denying Catholic Charities’ request, the state Supreme Court held that because Catholic Charities did not openly proselytize, and because its services could have been provided “by organizations of either religious or secular motivations” Catholic Charities was not “an organization operated primarily for religious purposes.”

The case could have tremendous implications. If government officials may define what Catholic Charities’ religious activity ought to look like, the government effectively puts itself in the position of defining religion itself. That would violate the First Amendment.

On the other hand, if actors who seek tax-exempt status may define religious activity as they see fit, some could abuse that power to evade their taxes.

Drummond looks just as consequential.

The case will decide whether a state can deny religious charter schools access to public funding once it directs it to charter schools.

St. Isidore, along with the Oklahoma Statewide Charter School Board, argues that denying it access to otherwise available public funding violates its Free Exercise rights under the First Amendment. However, the state of Oklahoma argues that the Establishment Clause of the First Amendment precludes it from awarding public money to a religious institution that will use the money to accomplish religious goals and instruction.

The case also poses the question of whether private religious entities that contract with the state to provide public services are considered government actors.

A win for St. Isidore would beget new religious charters across the county. Many of these charters would operate on public funding, which would impact numerous state regulations. If the Court sides with Oklahoma, it will limit educational opportunities across the country. Moreover, private faith-based organizations in many sectors could be at risk of losing state contracts and authorization to provide services to the public.

These are complex cases, and the IGC debate will help the public to understand them.

The event will take place on April 16 at 6 p.m. at the FSU College of Law, Roberts Hall, Room 208. For more information, see igc.fsu.edu/events.


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Casey DeSantis punts when asked if she’s running for Governor

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The First Couple clearly isn’t ruling out a third term in the Governor’s Mansion, but they aren’t willing to commit to an unprecedented run either.

The looming drama over the Governor’s race is whether First Lady Casey DeSantis runs against Donald Trump-endorsed Byron Donalds in the 2026 Primary.

She sidestepped a direct question at the National Review Institute’sIdea Summit,” extolling her husband as “the GOAT” and offering vague criticisms of other politicians she wouldn’t name as part of a “long-winded answer” that ended with “we’ll see.”

“All that he has done is extremely fragile. You could get somebody in and it could revert back,” she said of Gov. Ron DeSantis.

She also condemned politicians who “think about what’s next on the next political rung in their career.”

“The founders never thought that politics should ever have been a career, right? You were supposed to go up and serve, and you come home and you live under the laws that you pass. But it’s really changed,” said the wife of a man who ran for Senate while in Congress, and then ran for President immediately after being elected Governor a second time.

The Governor said that “leadership is going to continue to matter,” given that forces “in and around Tallahassee” don’t like a lot of what he’s done, and that as a result “the success in Florida is very, very fragile.”

There’s a lot of people that don’t like what we’ve done on the Republican side. And there’s a lot of people that are just kind of waiting like, ‘we just got to get this guy out of here so that we can kind of go back to business.’ There is that sentiment out there,” he said.

“We’ve been the example that a lot of people, conservatives around the country, have pointed to. But I don’t think that this is on autopilot that’s going to continue in this direction.”.

Later in the interview, he promised that Casey, were she Governor, would “be more conservative” than him.


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‘Eyeball wars’ inch closer to optometrists’ side

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An effort years in the making to expand optometrists’ scope of practice is one step closer to becoming reality after the House Health Professions and Programs Subcommittee cleared a measure Thursday. 

The bill (HB 449) received split-party support. Three of the six committee members who voted against the measure were Democrats, and three were Republicans. Meanwhile, two Democrats voted in favor, and 10 Republicans gave the measure a nod. 

The Committee cleared a committee substitute for the bill, which makes some minor modifications to the original measure but maintains the legislation’s general goal.

Opposed by ophthalmologists, it again seeks to allow optometrists to call themselves Doctors of Optometry (O.D.) or “optometric physicians” in advertisements despite significant differences in medical training and education. 

Ophthalmologists complete medical school and a required residency, which typically represents a decade or more of medical training and more than 17,000 hours of patient contact training before such medical doctors are permitted to practice independently. By contrast, optometrists complete a four-year course in optometry, and not all of the programs require a college degree. The training does not include residency or surgical training.

Sponsored by Rep. Alex Rizo, the bill would, among other provisions, allow an optometrist to advertise themselves as an optometrist, licensed optometrist, doctor of optometry, optometric physician, board-certified optometrist, American Board of Optometry certified, Fellow of the American Academy of Optometry, Fellow of the College of Optometrists in Vision Development, residency-trained, or a diplomate of the American Board of Optometry.

It also includes revisions to existing law that would broaden an optometrist’s scope of practice to include additional surgical procedures and prescribing authority.

The committee substitute further redefines “certified optometrist” to include administering and prescribing ocular pharmaceutical agents, medications used to treat or diagnose eye conditions. It also amends educational and certification requirements for administering ocular pharmaceutical agents and authorized ophthalmic surgeries, including the ability to perform laser and non-laser procedures. However, the bill would not allow an optometrist to perform procedures requiring preoperative medications or drugs that alter consciousness, such as general anesthesia. To be certified for authorized procedures under the bill, optometrists must complete a course and pass an examination successfully. 

Ophthalmologists remain opposed, however. Before the committee substitute passage, the Florida Society of Ophthalmology urged lawmakers to vote down the bill, arguing it would endanger patients by allowing less trained optometrists to perform more advanced procedures. 

“Optometrists play an important role in eye health care, providing essential services such as vision testing, prescribing corrective lenses, and detecting certain eye conditions. However, their scope of practice typically does not include surgical procedures involving lasers, scalpels, or injections on or around the eye. These advanced interventions require the specialized medical education, extensive surgical training, and clinical expertise of ophthalmologists,” said Dr. Raquel Goldhardt, the President of FSO.

FSO pointed to research published in the Journal of the American Medical Association on a type of laser surgery to treat glaucoma. It was found that patients who receive treatment from an optometrist are significantly more likely to require additional surgery. FSO further cited incidents of “sight-threatening complications” following optometrist-administered procedures in other states, including Oklahoma, Louisiana, and Kentucky.

Still, those who support the scope of practice expansion argue it increases access to eye care. However, ophthalmologists say most Floridians live within a 30-minute drive to an ophthalmologist, and there is currently no backlog of patients seeking ophthalmologic care in the state.

Rizo has fired back against the critique. 

“What exactly this bill does (is make it so) you don’t have to go to an ophthalmologist, necessarily, if there’s a condition that calls for this particular procedure or pain medication,” he previously told Florida Politics. “No surgery, nothing like that. It’s basically an advanced first-aid procedure to release inter-corneal pressure.”

Rizo carried a similar bill in 2021, but it and its Senate analog died before reaching a floor vote.

The “eyeball wars” date back years, at least to Sen. Don Gaetz’s reign as Senate President, a leadership role he held from 2012 until 2014.

Gaetz coined the term “eyeball wars,” and in 2013, he believed he resolved the turf war between ophthalmologists and optometrists. The two sides settled on a compromise allowing optometrists to prescribe oral medications but not to perform surgery.

But the fight resurfaced a few years later.

bill similar to this year’s effort (SB 1112) died last Session after the House and Senate failed to reconcile. Then-Senate President Kathleen Passidomo, whose father was an ophthalmologist, filed priority legislation that would have blocked the use of the term doctor or physician in certain circumstances, including for optometrists.

The House amended the bill to allow optometrists to use the terms in advertisements. Passidomo successfully ushered the measure through (2023’s SB 230), but Gov. Ron DeSantis vetoed it. Rizo voted that year against efforts to allow optometrists to refer to themselves as doctors of optometry.

This year’s measure has one Committee stop remaining before reaching the House floor, the Health and Human Services Committee. 

A Senate companion has not yet been filed.

If passed and signed by the Governor, the measure would take effect July 1.


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Bob Iger faces shareholder questions on Disney World crowds, ticket prices, Figment and more

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Walt Disney Co. CEO Bob Iger got a chance to respond directly to criticism surrounding Disney World fans’ biggest complaints: expensive and crowded theme parks.

Iger answered shareholders for about 10 minutes during Thursday’s annual shareholders meeting. At the meeting, Disney shareholders also rejected two politically loaded shareholder proposals asking the company to withdraw from an LGBT rights organization’s corporate ratings and to study how Disney investments contribute to climate change.

During the Q&A, one shareholder said Disney hasn’t kept up with attendance demands and asked if Disney is also worried that high prices might keep guests from booking a return trip.

Iger acknowledged that the parks are packed.

“In fact, I was just at Walt Disney World on actually a weekday in March, and the place was really busy — really across the whole property,” Iger said.

However, he argued the parks are expanding their capacity. Disney is building a Villains Land at the Magic Kingdom, a Cars attraction that’s controversial with Disney fans, and more in Orlando.

“We have more being designed, developed and built today than at any other point in the 70 years since we’ve been in the theme park business,” Iger said. “We also appreciate that our parks create lifelong memories for families. So with that in mind, we’re constantly considering and developing and implementing new ways to make the experiences that we offer both more enjoyable, but of equal importance, more accessible.”

A one-day ticket at the Magic Kingdom ranges between $149-$169 in March and April, although the company offers discounted multiday tickets at a lower rate for Florida residents.

To keep the parks more accessible, Iger said Disney tripled the number of days that lower priced tickets were available when he returned as CEO two years ago

Could Disney build more international theme parks?

Don’t hold your breath.

“We’re mostly focused on expanding in places that we currently operate,” Iger said when asked about it.

He quickly pivoted to the cruise business for Disney lovers around the world.

“We’ve plenty of opportunities to expand where we currently operate in our cruise ship business.”

Iger was also asked about Figment, the purple dragon appearing on Epcot’s Journey into Imagination ride. Hardcore fans once infamously waited up to seven hours to get a Figment popcorn bucket. That’s how popular the character is.

Can Figment get his own Disney movie?

“This is my 24th shareholder call, my 18th as CEO. And I think the question about Figment has been asked about 15 times. I call him good old Figment,” Iger said.

“I’ll tell you what. I’ve been asked this so many times that I am going to ask our creative teams to consider making some form of series or short-form videos of Figment. Obviously he’s more popular than just a walk-around character in our parks and resorts.”


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