First Texas Court of Appeals to Follow Bostock Ruling

First Texas Court of Appeals to Follow Bostock Ruling

Nine months after the United States Supreme Court’s historic decision in Bostock , the Texas Fifth Circuit Court of Appeals had to decide whether the interpretation of Title VII’s language in protecting LGBTQ employees also applied to the state’s anti-discrimination statute, the Texas Commission on Human Rights Act (TCHRA) in…

Satanic Temple lawyers try legal tactics from Christians

Satanic Temple lawyers try legal tactics from Christians

Across the country, the Satanic Temple, an IRS-recognized atheist church with some 300,000 devotees, is waging a legal battle it says is for religious liberty, using tactics that have proved effective for Christian groups. The church, which preaches both empathy and the "freedom to offend," has filed at least seven…

Maine likes not-too-religious schools

WASHINGTON — Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan, D-N.Y., mischievously wondered: What about atlases, which are books of maps? Now…

Maine likes not-too-religious schools

Maine likes not-too-religious schools

Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan, D-N.Y., mischievously wondered: What about atlases, which are books of maps? Now comes another…

GEORGE WILL: Maine likes not-too-religious schools

GEORGE WILL: Maine likes not-too-religious schools

GEORGE WILL Decades ago, the Supreme Court ruled that the First Amendment’s prohibition of “establishment” of religion was violated if the government supplied maps to religious schools, but not if it supplied books. So, Sen. Daniel Patrick Moynihan (D-N.Y.) mischievously wondered: What about atlases, which are books of maps? Now…

SCOTUS 8-1: Student Has Standing in First Amendment Case Against College

SCOTUS 8-1: Student Has Standing in First Amendment Case Against College

In Uzuegbunam v. Preczewski , 592 U.S. ___ (2021), the United States Supreme Court held that plaintiffs asserting constitutional rights have standing to sue for past injuries, even if they only seek nominal damages. The decision is significant for public entities, but especially public schools, colleges and universities. In Uzuegbunam…

Much Ado About One Dollar

Much Ado About One Dollar

U.S. Supreme Court building. (Diego M. Radzinschi/ALM) Sometimes a decision of the U.S. Supreme Court seems so unusual that it cries out for some reasonable explanation as to why the court took the case in the first place, what constitutional principle is at stake that the court sought to vindicate,…

Virginia Becomes Second State To Adopt Comprehensive Privacy Law

Virginia Becomes Second State To Adopt Comprehensive Privacy Law

[co-author: Gabriella Manduca] On March 2, 2021, Virginia Gov. Ralph Northam signed into law the Virginia Consumer Data Protection Act (CDPA), making Virginia the second state after California to enact comprehensive privacy legislation. The CDPA will become effective on January 1, 2023, the same day the California Privacy Rights Act…

Supreme Court Silences Institutional ‘Wokeness’

Supreme Court Silences Institutional ‘Wokeness’

COMMENTARY: The court’s 8-1 decision in Chike Uzuegbunam v. Preczewski is a victory for religious freedom. United States Supreme Court building in Washington, D.C. (photo: Brandon Bordages / Shutterstock) The Supreme Court on Monday decided Chike Uzuegbunam v. Preczewski . It’s a huge victory for religious freedom and strikes a…

Religious Rights Vs Declaration Of Independence

Knights of Columbus Brief decision that the district court in California made in this case is reversed, then it is certain that American’s principle rights will indeed be abolished. The fundamental rights of American individuals were indeed created by God, and no one, including any governmental authority, has the right…

Capitol riot shaman puts spotlight on religious diets for prisoners

Capitol riot shaman puts spotlight on religious diets for prisoners

Jacob Anthony Chansley is shown standing at the dais in the U.S. Senate chamber on January 6 during the riots at the U.S. Capitol. This image from Twitter is part of the U.S. Department of Justice’s complaint. March 3 (UPI) — Special diets for prisoners based on their religious practices…

Supreme Court rules California churches may open despite the pandemic

Supreme Court rules California churches may open despite the pandemic

The Supreme Court has lifted California’s ban on indoor church services, ruling that Gov. Gavin Newsom’s strict orders violate the Constitution’s protection of the free exercise of religion. WASHINGTON — The Supreme Court has lifted California’s ban on indoor church services during the pandemic, ruling that Gov. Gavin Newsom’s strict…

Archdiocese of Chicago to court: Let parishes choose their staff

Archdiocese of Chicago to court: Let parishes choose their staff

Catholic News Agency, February 10, 2021 Attorneys for the Archdiocese of Chicago argued before the Seventh Circuit on Tuesday that parishes should be free to choose church leaders without government interference. In the case of Demkovich v. St. Andrew the Apostle Parish , the former music director at St. Andrew’s…

When religion comes in conflict with the law

When religion comes in conflict with the law

As a professor of Law since 1977, I always come across cases when the laws of the State collide with the teachings of the Church, and I always find refuge in many provisions of our Constitution on the separation between the Church and the State, as well as the freedom…

Considering a Common Phrase as a Trademark? Don’t Expect it to be Registrable.

Considering a Common Phrase as a Trademark? Don’t Expect it to be Registrable.

There have been a number of recent Trademark Trial and Appeal Board (TTAB) cases involving phrase marks. In all instances, the phrases have been refused registration not because of descriptiveness or misdescriptiveness of any kind, but because they fail to function as trademarks due to their informational characteristics and widespread…

The Law Q&A | Fired up about being fired

When has a fired employee suffered an illegal retaliatory discharge, and are there exceptions to such firing? If you’ve been fired by your employer, you might have a common law retaliatory discharge claim if you prove 1) you have, in fact, been actually fired; 2) in retaliation for your activities;…

EEOC Updates Its Compliance Manual on Discrimination

EEOC Updates Its Compliance Manual on Discrimination

Agency updates religious discrimination for first time in over a decade The Equal Employment Opportunity Commission (EEOC) has updated the section of its Compliance Manual on religious discrimination in the workplace. The updated section on religious discrimination was published in January 2021 after a short review period and a 3-2…

Archdiocese of Chicago to court: Let parishes choose their staff

Archdiocese of Chicago to court: Let parishes choose their staff

Washington D.C., Feb 10, 2021 / 04:00 am MT ( CNA ).- Attorneys for the Archdiocese of Chicago argued before the Seventh Circuit on Tuesday that parishes should be free to choose church leaders without government interference. In the case of Demkovich v. St. Andrew the Apostle Parish , the…

Chula Vista Church Wins Right To Worship Indoors Amid Pandemic

Chula Vista Church Wins Right To Worship Indoors Amid Pandemic

Above: South Bay United Pentecostal Church in Chula Vista, May 20, 2020. A Chula Vista church was celebrating a legal victory Saturday after the U.S. Supreme Court granted a partial injunction against California’s prohibition against indoor worship services to help limit the spread of coronavirus. On a 6-3 vote late…