In the Nov. 4, 2020 photo, The Supreme Court in Washington. A unanimous Supreme Court ruled Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable. The justices continued a string of…
The Supreme Court – December 10, 2020
Rutledge v. Pharmaceutical Care Management Assn. , No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans. Respondent Pharmaceutical Care Management Association is a trade association representing PBMs that brought suit claiming that Act 900…
A Michigan judge rules companies don’t have to serve gay customers. The attorney general says she’ll appeal
Michigan Attorney General Dana Nessel plans to appeal judge’s ruling that, based on religious freedom grounds, a refusal to serve customers based on their sexual orientation was permissible. (CNN)Michigan Attorney General Dana Nessel said she will appeal a Michigan Claims Court judge’s ruling that allows discrimination against a same-sex couple…
Canadian church sues province over COVID-19 rule restricting in-person gatherings to 10 people
Peter Youngren, founding pastor of Toronto International Celebration Church, based in Toronto, Ontario, Canada in a photo uploaded to Facebook on Nov. 2, 2020. A Canadian church has filed suit against a provincial government over a rule that prohibits gatherings of more than 10 people, arguing that it interferes with…
Lawrence adult entertainment club says Supreme Court decision on religious services should apply to local health order
The Douglas County Judicial and Law Enforcement Center is pictured in this file photo from Aug. 4, 2020. photo by: Journal-World File Photo In an ongoing legal dispute over a Douglas County health order that limits bars’ operating hours amid the coronavirus pandemic, an attorney now says a U.S. Supreme…
Sixth Circuit Stays Injunction in Challenge to Kentucky Public Health Measures That Did Not Exempt Religious Schools From General Prohibition on In-Person Instruction.
This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. Like most states, Kentucky is experiencing a surge in COVID-19 cases. Governor Andy Beshear has responded by implementing a…
Menorahs in Basalt pass legal test
Mark Kwiecienski complains about menorahs in public parks in Basalt ( “Menorahs don’t belong on public land,” Dec. 4, The Aspen Times). He says such religious displays violate the prohibition on “separation of church and state” and the establishment clause of the U.S. Constitution. Kwiecienski is wrong on the facts…
After Decision in N.Y. Case, Kentucky School Asks SCOTUS to Nix COVID-19 Restrictions and Reopen Religious Schools
Just days after the Supreme Court of the United States ruled against New York State’s COVID-19 restrictions on religious services, a Christian school in Kentucky is asking SCOTUS if it can reopen, too. Danville Christian Academy, joined by Kentucky’s Republican Attorney General Daniel Cameron , sued the state’s Democratic Governor…
Supreme Court Orders Preliminary Injunction in Roman Catholic Diocese of Brooklyn v. Cuomo
On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo , No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on certain Catholic churches and Orthodox synagogues, pending further Supreme Court litigation, because the restrictions…
Alito Shuts Down Megachurch Pastor’s Lawsuit That Claimed Obeying God Meant Ignoring COVID-19 Orders
Supreme Court Justice Samuel Alito flatly rejected a plea by a Louisiana megachurch pastor to keep his church fully open against orders from the government to limit the size of worship gatherings due to the COVID-19 pandemic. That pastor, Tony Spell , whose full legal name is Mark Anthony Spell,…
COLEMAN: I am thankful for our religious freedoms
Landon Coleman is pastor of Immanuel Baptist Church in Odessa. Reach him at landon@immanuelodessa.com or read his blog at Regular Pastor.com “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right…
FRC Praises 11th Circuit Decision Striking Down Ban on Sexual Orientation Change Efforts
WASHINGTON, Nov. 24, 2020 /PRNewswire/ — Family Research Council (FRC) today praised the recent decision by a federal appeals court striking down two local ordinances banning sexual orientation change efforts (SOCE) for minors. In the case of Otto v. City of Boca Raton , a three-judge panel of the U.S.…
Supreme Court justices want to ‘fix’ historic same-sex marriage ruling so religious bigots can ‘participate in society’
Clarence Thomas (Getty) Two Supreme Court justices have suggested that the court needs to “fix” Obergefell v Hodges, the case that made same-sex marriage the law of the land. In October, the court decided not to hear a case involving Kim Davis, the Kentucky clerk who has been sued for…
Religious groups take New York’s house of worship limits to U.S. Supreme Court
Two religious organizations have filed emergency applications asking the U.S. Supreme Court to bar enforcement of New York’s COVID-19 limits on attendance at houses of worship. Agudath Israel of America, an umbrella organization representing affiliated Orthodox Jewish congregations across the nation, and two Orthodox congregations in New York City filed…
Orthodox group asks Supreme Court to block restrictions on synagogues
Agudath Israel, an umbrella organization representing haredi Orthodox Jews, is challenging New York Gov. Andrew Cuomo’s limitations on houses of worship in “red zones.” THE US Supreme Court ( JTA ) — After several challenges to pandemic-induced restrictions on houses of worship citing religious liberty, an Orthodox Jewish advocacy group…
Tunbridge Wells vicar launches legal action over closure of churches
They said they would do it and they have. A group of church leaders – including a vicar from Tunbridge Wells – has launched a claim for judicial review of the English and Welsh governments’ decision to close churches during lockdown. Rev Peter Sanlon In total 122 church leaders from…
The Chief Justice’s Unexpected Super Precedent from the Shadow Docket
On May 29, 2020, the Supreme Court denied an injunction in South Bay United Pentecostal Church v. Newsom . The Court’s order was a single sentence. Chief Justice Roberts wrote a solo concurrence that stretched about two pages. According to Westlaw, 114 cases have cited the Chief’s concurrence. (I cited…
Tunbridge Wells vicar launches legal action over closure of churches
They said they would do it and they have. A group of church leaders – including a vicar from Tunbridge Wells – has launched a claim for judicial review of the English and Welsh governments’ decision to close churches during lockdown. Rev Peter Sanlon In total 122 church leaders from…
Supreme Court Refuses to Disqualify Justice Barrett from The Satanic Temple’s Abortion Case
SALEM, Mass., Nov. 12, 2020 /PRNewswire/ — While The Satanic Temple’s appeal in its lawsuit over Missouri’s abortion laws is still scheduled to be reviewed by the US Supreme Court to decide if they will hear the case, the US Supreme Court dismissed The Satanic Temple’s (TST’s) motion to disqualify…
Amy Coney Barrett LGBTQ’s views to be tested in discrimination case before SCOTUS
Donald Trump and Amy Coney Barrett, AFP photo by Brendan Smialowski. Justice Amy Coney Barrett’s first week as an active Supreme Court justice began on Nov. 2 and almost immediately included a case that could test her credentials as a religious conservative. On the surface, Fulton v. City of Philadelphia…
Catholic Church Asks SCOTUS to Overturn Cuomo’s COVID-19 Restrictions. Justice Barrett May Be the Deciding Vote.
The Roman Catholic Diocese of Brooklyn, New York filed a petition for certiorari with the United States Supreme Court on Thursday, requesting an emergency injunction that would block COVID-19 restrictions on in-person church attendance. Though the Supreme Court previously rejected a similar challenge during the earlier stage of the pandemic,…
Court: First Amendment does not protect ‘ganja minister’s’ marijuana grow
A marijuana plant is visible at Compassionate Care Foundation’s medical marijuana dispensary in Egg Harbor Township, N.J. The First Amendment does not a protect a "ganja minister’s" right to cultivate more cannabis plants than state law allows, the Colorado Court of Appeals ruled on Thursday. Aaron Snyder Torline was an…
Gov. Carney settles federal lawsuit calling him to fully open places of worship during COVID-19
A federal lawsuit challenging restrictions on houses of worship, imposed by Delaware Gov. John Carney at the start of the pandemic, has been settled. In exchange for the Rev. Christopher Bullock dropping his lawsuit, Carney agreed that in any future emergency requiring state actions, the governor "must treat churches and…
Appeals court upholds Maine law barring private school tuition subsidies for “sectarian” education
Maine tuition case The 1st U.S. Circuit Court of Appeals has upheld how Maine provides public education: utilizing nonsectarian private schools in areas without their own public school. The ruling, in Carson v. Makin , examined recent U.S. Supreme Court funding decisions that the plaintiff argued invalidated the sectarian restriction,…
SCOTUS Hears Arguments Over Discrimination Against Catholic Social Services
Bill Chizek/iStock/Getty Images Plus The Supreme Court heard opening arguments in an important religious discrimination case on Wednesday that has been festering since 2018: Sharonell Fulton et. al. v. City of Philadelphia . Back in 2018, the liberal Philadelphia Inquirer discovered that two religiously based foster-care agencies — Bethany Christian…