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…
Defamation claims against churches and American Samoa’s Deeds of Cession
This week we highlight cert petitions that ask the Supreme Court to consider, among other things, when religious groups are subject to state-law tort claims and whether a federal agency that enacted a new fishing regulation should have taken into account a pair of early 20th century agreements that preserved…
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…
ERLC, others urge court to correct school-choice ruling
In this Nov. 2, 2020, file photo the Supreme Court is seen at sundown in Washington. President Joe Biden has two seats to fill on the influential appeals court in the nation’s capital that regularly feeds judges to the Supreme Court. (AP Photo/J. Scott Applewhite, File) WASHINGTON (BP) – The…
Covid blanket ban on church worship in Scotland ruled unlawful
The prohibition on worship has been overturned by Lord Braid in the Court of Session after a challenge was brought by a coalition of 28 faith leaders. Lord Braid said the regulations went further than the government was lawfully able to do, but this did not mean churches should “reopen…
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
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…
COVID-19: B.C. Supreme Court upholds provincial ban on in-person religious services
WATCH: (March 1, 2021) A group of B.C. churches are challenging the B.C. Public Health Order prohibiting public gatherings, claiming those rules infringe on their Charter rights. Ted Chernecki reports – Mar 1, 2021 The B.C. Supreme Court has dismissed a legal challenge to the province’s restrictions on in-person religious…
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…
Canadian pastor arrested for violating COVID-19 worship restrictions to be released from jail
Canadian Pastor James Coates with his family in this undated photo. A pastor in Canada who was arrested for refusing to adhere to COVID-19 worship restrictions will be released from jail after prosecutors dropped all but one of the charges against him. Pastor James Coates of GraceLife Church in Edmonton,…
Alberta pastor jailed for holding services during COVID, expected to be released in days, lawyers say
Pastor James Coates of GraceLife Church near Edmonton. Photo by Screenshot Article content EDMONTON — An Alberta pastor, who has spent weeks in jail after holding church services in violation of public health rules, is expected to be released in the coming days, his lawyers say. James Coates is expected…
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
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
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,…
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…
Pray out loud before they play? Florida bill would give schools mic before high school games
State Rep. Webster Barnaby has filed a bill seeking to give high schools the right to say anything, including prayers , using the stadium microphone before high-school playoff games. The bill touches on the First Amendment rights to practice one’s faith and free speech and to be free from government-imposed…
Pray out loud before they play? Florida bill would give schools mic before high school games
State Rep. Webster Barnaby has filed a bill seeking to give high schools the right to say anything, including prayers , using the stadium microphone before high-school playoff games. The bill touches on the First Amendment rights to practice one’s faith and free speech and to be free from government-imposed…
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
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
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
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…
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;…
Alabama’s Denial of Religious Support to Condemned Man Leads to Stay of Execution
The U.S. Supreme Court yesterday barred the State of Alabama from executing Willie Smith because it had refused to allow his pastor to be present with him in the execution chamber. An opinion from the Court stated that “Alabama has not carried its burden of showing that the exclusion of…