The Washington Post’s exclusive story on David Nielsen’s whistleblower complaint to the IRS with respect to The Church of Jesus Christ of Latter-day Saints “saving its excess surplus donations instead of using them for charitable works” deserves a more technical explanation of the law surrounding tax-exempt organizations. First, let’s establish…
Supreme Court should protect religious liberty by guarding against government funding of religion
On Jan. 22, the United States Supreme Court will hear arguments in a landmark case that could widen the door for state voucher programs and seriously damage religious liberty. In Espinoza v. Montana Department of Revenue , the court is being asked to hold that the Free Exercise Clause requires…
Religion and school choice at heart of new Supreme Court battle
The battle over school-choice programs and state aid for religious schools returns to the U.S. Supreme Court this week as three mothers from Montana ask the justices to uphold a scholarship program that would help fund Christian education for their children. The case is a major test for the balance…
Supreme Court takes up church-state separation in Christian schools case
The Supreme Court takes up the sensitive issue of religion in public life Wednesday, considering whether states violate the Constitution if they prevent religious groups from receiving some state benefits. The justices are asked to strike a balance between the desire of a state to keep government out of religion…
Trump administration’s religious freedom announcements square with Constitution, Supreme Court precedent
Trump administration’s religious freedom announcements square with Constitution, Supreme Court precedent Government is not permitted to treat people of faith as second-class citizens. But for far too long public schools and many other government institutions have willfully curtailed religious actions by private individuals in government buildings and grounds. President Trump…
Appeals court hears oral argument on religious school funding dispute in Maine
The 1st U.S. Circuit Court of Appeals heard argument earlier this month in yet another funding case that explores the limits of the U.S. Supreme Court’s decision in Trinity Lutheran . In that case, the Court held that under the First Amendment a church could not be denied access to…
Public scholarships for private religious schools
More than half ​ of the Notre Dame incoming class in 2019 did not attend public high school. Catholic high schools, specifically, accounted for 37% of that class. This month, the Supreme Court of the United States will hear argument as to whether it is unconstitutional for a state to…
Gov. Whitmer, GOP clash on Michigan ban on public funds for private schools
Religious and non-public school groups in late December asked the Michigan Supreme Court to strike down the 1970 state constitutional amendment prohibiting taxpayer funding for private schools, arguing it was motivated by anti-Catholic bias and violates the free exercise clause of the U.S. Constitution. (Shutterstock photo) LANSING – What began…
Families argue in appeal that Maine should pay tuition at religious schools
Three families arguing the state should pay tuition for their children to attend private religious schools because they live in school districts with no high schools made their case before a federal appeals court in Boston on Wednesday. Angela and Troy Nelson pose in August 2018 with their children, Royce,…
Espinoza School Choice Case and Discrimination Against Religion
When I moderated a debate on Espinoza v. Montana Dep’t of Revenue , I had a question for one of the Institute for Justice lawyers who represents Ms. Espinoza (and others, including Linda Greenhouse, had asked the same question as well). Here’s the issue: A Montana school choice programs let…
Column: Evangelicals should thank Trump for protecting their religious liberty
In this Dec. 18 photo, President Donald Trump speaks at a campaign rally in Battle Creek, Mich. Using stark “Us versus Them” language, Trump and his campaign are trying to frame impeachment not as judgment on his conduct but as a culture war referendum on him and his supporters, aiming…
’Trump judges’ are important for religious freedoms
Evangelicals who minimize the importance of President Donald Trump’s judicial appointments betray a naivete about the perils to religious liberty in the United States, perils that have been growing over the past decade. Many people, outside of the relatively small group of constitutional law professors and Supreme Court and appeals…
Hugh Hewitt: Evangelicals should thank Trump for protecting their religious liberty
Evangelicals who minimize the importance of President Donald Trump’s judicial appointments betray a naivete about the perils to religious liberty in the United States, perils that have been growing over the past decade. Many people, outside of the relatively small group of constitutional law professors and Supreme Court and appeals…
Evangelicals should thank Trump for protecting their religious liberty
Demonstrators rally outside the Supreme Court on Dec. 5, 2017, when it heard the case of a Colorado baker who refused to make a cake for a same-sex wedding. (Chip Somodevilla/Getty Images) Evangelicals who minimize the importance of President Trump’s judicial appointments betray a naivete about the perils to religious…
Supreme Court will decide if religious freedom shields Catholic schools from teacher suits
The Supreme Court agreed Wednesday to hear two California cases on whether teachers at religious schools may sue for alleged discrimination. WASHINGTON — In 2014, Kristen Biel told her principal at St. James Catholic School in Torrance that she had breast cancer and would need time off for chemotherapy. The…
Supreme Court to Decide on Scope of Church Immunity in Religious School Employment Cases
The Supreme Court is seen at sunset in Washington, on Jan. 24, 2019. (Scott Applewhite/AP) The Supreme Court has agreed to consider how much protection church schools have from government intervention when it comes to choosing teachers for its religion classes. The top court agreed ( pdf ) on Wednesday…
Texas Judge Sues After Being Issued Warning for Declining to Officiate Same-Sex Ceremonies, Providing Referrals Instead
WACO, Texas — A county judge in Texas has filed a legal challenge after being issued a public warning from the Texas Commission on Judicial Conduct, which recently concluded that she is “casting doubt on her capacity to act impartially” by declining to officiate same-sex ceremonies and rather providing referrals…
Law Firm Says Delaware Town Violated First Amendment by Banning Religious Displays From Public Property
A nativity scene is on display near the Washington Monument on December 23, 2010 in Washington, DC. (Brendan Hoffman/Getty Images) An attorney from a religious liberty law firm said on Thursday that officials from a Delaware town have violated the First Amendment by banning religious displays on public property. Roger…
Canadian Church of Atheism denied charitable status after court finds it’s not a religion
Fox News Flash top headlines for Dec. 7 A federal court in Canada has ruled that the self-titled "Church of Atheism" isn’t a religion and can’t be treated like one for tax purposes. The Court of Appeal upheld the refusal by the minister of national revenue to register the Church…
Religion in Schools: A Tree and a Hard Place
The United States Constitution rolled up on an American flag with a gavel in the foreground. Room for copy along the top half of the image. ach day, millions of families from diverse religious backgrounds entrust the education of their children to our nation’s public schools. Employees within our public…
Australians back religious freedom for people, not for institutions
Australians support religious freedom protections for individuals but less for institutions such as schools or hospitals run by religious organisations, a new report for the Centre for Independent Studies has found. The findings do not “bode well for the prospect of any robust protection of religious freedom in this country,”…
Freedom From Religion Foundation: Flagler Schools involvement in church event violates Establishment Clause
Flagler Schools students and staff members participate in the Football Sunday event on Aug. 20, 2019. File photo by Paola Rodriguez The school district has said its involvement in the Football Sunday event is legal because participation is voluntary. The nonprofit says voluntary events can still violate the constitution when…
MAT backs down in legal case on religious assemblies
A Church of England multi-academy trust has settled out of court after being threatened with High Court action over its assemblies, following claims that they breached human rights and were indoctrinating pupils. The Oxford Diocesan Schools Trust was facing a case brought by parents who said primary pupils were made…
Australians back religious freedom for people, not for institutions
Australians support religious freedom protections for individuals but less for institutions such as schools or hospitals run by religious organisations, a new report for the Centre for Independent Studies has found. The findings do not “bode well for the prospect of any robust protection of religious freedom in this country,”…
Thankful for More Educational Freedom (Hopefully) On Its Way
If you know your United States history, you know that the Pilgrims came to North America seeking to practice their religion free from the constraints of the Church of England. If you know your U.S. history well , you know that what many call the beginning of public schooling was…