Theocracy Watch: Week of November 8, 2026

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This week: FFRF filed a Supreme Court brief in Grand v. University Heights, asked the IRS to investigate a New Mexico megachurch over candidate endorsements, and criticized the rebranded prayer breakfast at the U.S. Capitol.

FFRF files Supreme Court brief in Grand v. University Heights

On October 30, 2026, the Freedom From Religion Foundation filed an amicus brief with the Supreme Court in Grand v. University Heights. The case involves Daniel Grand, a former resident of University Heights, Ohio. In 2021 he invited a dozen or so neighbors to weekly Jewish prayer gatherings at his home. His invitation was allegedly circulated more widely without his knowledge. City officials sent him a cease-and-desist letter saying he would need a special use permit to use his property as a house of worship for large gatherings. Grand applied for a permit, then withdrew the application, stating he never intended to operate a house of worship from his home.

Read more at FFRF

FFRF asks IRS to probe New Mexico megachurch over endorsements

The Freedom From Religion Foundation sent a letter to the IRS on Nov. 2 asking it to investigate Legacy Church, an Albuquerque-based megachurch with nine locations across New Mexico. FFRF says the church is violating federal tax law by endorsing political candidates. The request follows an Oct. 29 report in The Guardian. According to that article, senior pastor Steve Smothermon has been openly endorsing Republican candidates ahead of the midterm elections, including congressional candidate Greg Cunningham and gubernatorial candidate Gregg Hull. FFRF says this comes just four years after it reported the same church to the IRS for similar misconduct.

Read more at FFRF

Rebranded prayer breakfast planned at U.S. Capitol Complex

The congressional National Prayer Breakfast has been rebranded the "United States Prayer Breakfast." It is scheduled for Feb. 3, 2027, at the U.S. Capitol Complex. According to reporting from Jonathan Larsen, the event will be co-hosted by Sens. Tim Kaine, D-Va., and Katie Britt, R-Ala. The Freedom From Religion Foundation says that despite the new name and promises of inclusivity, the event continues to promote Christianity. FFRF also says it keeps troubling connections to the secretive religious network behind the original National Prayer Breakfast and inappropriately unites church and state. The group calls it the latest attempt to cloak a Christian religious event in the prestige and authority of the federal government.

Read more at FFRF

Teacher-led Christian prayers end in Hawaii first-grade class

First graders at Kapa Elementary School in Hawaii will no longer start their school day with their teacher's Christian prayer after an intervention from the Freedom From Religion Foundation. According to a parent who contacted FFRF, the teacher gathered her students in a circle every morning. She had them alternate between boys and girls, hold hands, close their eyes and stay silent while she led a prayer ending in "amen," which students were expected to repeat. The parent said that when children talked during prayer, the teacher reportedly quieted them by saying something like they were talking to God. Even a math test reportedly became an occasion for prayer.

Read more at FFRF

Around the country

Galesburg, Illinois: The Galesburg school district has given the Freedom From Religion Foundation assurances of stricter oversight. A guest presenter at an Aug. 27 anti-vaping assembly reportedly told students the most important thing in his life was Jesus, and staff reportedly applauded. FFRF

United States: Harmeet Dhillon resigned as head of the Justice Department's Civil Rights Division, Attorney General Todd Blanche announced. FFRF Co-President Annie Laurie Gaylor said Dhillon turned the division into an instrument for advancing the administration's ideological and religious agenda. FFRF

This week on the map

Missouri: MOScholars tax-credit ESA. About 98% of program spending in a sampled month (Aug 2025) went to religious schools. On Apr 14, 2026 a Cole County judge dismissed the Missouri NEA lawsuit over the $50M appropriation, so the program continues. The NEA said it will appeal to the Missouri Supreme Court. Source

Missouri: The mifepristone in-person dispensing requirement and physician-only rule remain enforceable after a June 2026 circuit ruling; the AG is appealing to the state Supreme Court. On Nov 3, 2026, voters rejected Amendment 3, so the 2024 abortion rights amendment stays in place. Both rules are still in force. Source

Virginia: Virginia restricts abortion in the third trimester. Question 1 (HB781/SB449) passed Nov 3, 2026 with about 62% of the vote (unofficial), adding a fundamental right to reproductive freedom to the state constitution, set to take effect Jan 1, 2027. A challenge hearing is set for Nov 13 in Tazewell County Circuit Court. Source

Ohio: Issue 1 (Nov 2023) created a state constitutional right to reproductive decision-making. The 6-week ban was permanently enjoined in Oct 2024. On Oct 29, 2026, Judge Christian Jenkins permanently blocked the remaining provisions of Senate Bill 23, including cardiac testing and reporting rules. The 22-week LMP ban remains enforceable. Source

Utah: HB 29 automatically bans a title in every district and charter statewide once 3 districts (or 2 districts plus 5 charters) remove it. 37 titles banned statewide as of June 2026. ACLU challenge filed Jan 2026. On Sept 15, 2026, Judge Shelby denied parts of the state's motion to dismiss; suit proceeds, no merits ruling, law in force. Source

Idaho: Aug 2026: a federal judge held Idaho's abortion ban unconstitutional without a health exception, then limited the order to one physician. Sept 3: Ninth Circuit temporary stay. Oct 30, 2026: a 2-1 panel stayed the injunction for the appeal, so the ban is enforced against him. A separate St. Luke's emergency care injunction stands. Proposition 1 wording was approved Oct 13. Source

See every state on the Theocracy Watch Map

Good news

The Gadsden County School District in Florida ended school-sponsored religion after the Freedom From Religion Foundation raised constitutional concerns. FFRF had learned of school-sponsored prayer at the high school's 2026 graduation, where an assistant principal led an explicitly Christian prayer that was also printed in the program. Read more at FFRF

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