Consuming hallucinogenic mushrooms as part of a religious ceremony does not automatically “disturb the public peace” even though eating them is illegal, and therefore the act might be protected by the New Hampshire constitution, the state Supreme Court has ruled. Tuesday’s unanimous Supreme Court ruling does not mean that consuming…
Arguments For Religious ‘Accommodation’ Have Become Tyrannical
It is undeniable that religious groups, even recently, have faced serious and vile prejudice from government-run organizations, particularly on college campuses. It is also important to note that our nation’s courts at the time rightfully stepped in to prohibit and correct this vile prejudice wherever claims were brought. Perhaps due…
Thousands Gather to Protect Religious Freedom from Government Interference
WASHINGTON, Dec. 19, 2020 /PRNewswire/ — Thousands from around the world will convene in an online rally organized by Right To Believe to call out gross judicial overreach by the DC Courts and denounce the way the DC Court has handled Case 2011 CA 003721 B. Thousands from around the…
Thousands Gather to Protect Religious Freedom from Government Interference
WASHINGTON, Dec. 19, 2020 /PRNewswire/ — Thousands from around the world will convene in an online rally organized by Right To Believe to call out gross judicial overreach by the DC Courts and denounce the way the DC Court has handled Case 2011 CA 003721 B. "We are rallying today…
Commissioner Smith pushes plan to return invocations before County Commission meeting
Brevard County Commissioner Curt Smith wants to bring invocations back at commission meetings — or at least just before them. Commission meetings haven’t had an invocation since November 2017, as a result of the county being sued in federal court in 2015 by three atheist, agnostic and humanist organizations and…
Are Christmas Carols, Cards, and Greetings at School Constitutional?
Are Christmas Carols, Cards, and Greetings at School Constitutional? – By Harold Pease Ph.D. – In the present year of COVID-19 tyrannical governors shut down religious services, a 1st Amendment right, as fast as they could. During the summer months Antifa defaced and with ropes tore down statues of our…
Funds to faith based schools in Vt.?
Vermont tax dollars may soon be going to faith-based elementary and secondary schools, if a case filed last week in Federal district court succeeds. The case is styled Valente v. French. The lead plaintiffs are Mt. Holly parents who send their son to the Roman Catholic Mt. St. Joseph Academy…
United States: OFCCP Issues Final Rule On Religious Exemption
Religious entities given clarity in federal procurement. The Office of Federal Contract Compliance Programs issued its Final Rule on "Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption." The agency’s Notice of Proposed Rulemaking on this topic generated heated controversy and more than 109,726 comments. Notwithstanding the strong interest…
Ninth Circuit Rules for Calvary Chapel, Calls Diocese Case “Seismic Shift in Free Exercise Law”
In July, the Court ruled against Calvary Chapel, a church in Nevada. The unsigned opinion, which split 5-4, did not offer any analysis. Presumably, Chief Justice Roberts was willing to quietly stand by his South Bay concurrence. And the other four couldn’t be bothered to reply to the excellent dissent…
OFCCP Issues Final Rule On Religious Exemption
Religious entities given clarity in federal procurement. The Office of Federal Contract Compliance Programs issued its Final Rule on “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.” The agency’s Notice of Proposed Rulemaking on this topic generated heated controversy and more than 109,726 comments. Notwithstanding the strong interest…
United States: EEOC Issues Proposed Updated Compliance Manual On Religious Discrimination
On November 17, 2020, the Equal Employment Opportunity Commission ("EEOC") published a proposed update to its 2008 guidance on religious discrimination in the workplace. The five member commission voted 3-2 to issue the proposed guidance with the two democratic members objecting. The proposed guidance can be accessed here . Although…
Religious freedom protections just got a lot sturdier
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,…
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…