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…
Appeals court upholds Maine’s ban on religious schools in school choice program
Getty Images A federal appeals court has ruled against Maine parents challenging a state law that excludes religious schools from the state’s high school tuition program despite a recent ruling by the U.S. Supreme Court that struck down similar restrictions in Montana. The U.S. 1st Circuit Court of Appeals on…
The Satanic Temple Files Motion to Disqualify Amy Coney Barrett from Ruling on TST’s Abortion Case at the Supreme Court
SALEM, Mass., Oct. 29, 2020 /PRNewswire/ — The Satanic Temple (TST) has filed a motion asking the Supreme Court to disqualify Justice Amy Coney Barrett from ruling on TST’s lawsuit challenging Missouri’s abortion laws which discriminate against the religious belief of TST members that abortion is not murder. The motion…
Maine’s Ban on Tuition Reimbursement to Religious Schools Upheld
(Pixabay image via Courthouse News) BOSTON (CN) — Maine can provide tuition reimbursement to parents who send their children to private schools but not to parents who send their children to religious schools, the First Circuit held Thursday. The 63-page ruling could have national implications inasmuch as roughly half the…
Symposium: The First Amendment does not require governments to contract with parties who do not comply with neutral, generally applicable rules
This article is part of a symposium previewing Fulton v. City of Philadelphia . Clare Kindall is the solicitor general for the state of Connecticut, which joined a multi-state amicus brief filed in support of Philadelphia. While in accord with the states’ filed brief, the views expressed here are entirely…
‘Religious Equality’ Is Transforming American Law
Getty / The Atlantic The U.S. Supreme Court is poised to decide a case this term that, once again, pits religious freedom against the rights of the LGBTQ community. Earlier this month, Justice Clarence Thomas, in a concurrence written on behalf of himself and Justice Samuel Alito, attacked Obergefell v.…
Religious liberty lawsuits against California governor volley among divided lower courts, ultimately will land in Supreme Court
Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses of the California Constitution. Twenty-two active cases address religious freedom violations, education policies, forced closures of businesses, alleged violations of federal and state laws,…
Religious liberty lawsuits against Gov. Newsom volley among divided lower courts, ultimately will land with U.S. Supreme Court
An "Open for Worship" banner is posted outside the Crossroads Community Church in Yuba City, Calif., Thursday, July 9, 2020. (The Center Square) – Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses…
Education Week: Religious freedom explained in simple terms
Lawyer Alexander Dushku explains religious freedom during his Education Week speech. (BYU Continuing Education) Lawyer Alexander Dushku explained religious freedom for those who do not practice law during his Education Week speech and gave examples of many court cases relating to religious freedom. Religious freedom is a topic widely spoken…
Colorado’s COVID-19 restrictions on churches violate Constitution, federal judge rules
Colorado’s COVID-19 public health orders that limit the number of people who can attend indoor religious services and require worshippers to wear masks at all times are unconstitutional, a federal judge ruled. U.S. District Court Judge Daniel Domenico ruled last week that state officials cannot enforce mask-wearing mandates or some…
Religious liberty lawsuits against Gov. Newsom volley among divided lower courts, ultimately will land with U.S. Supreme Court
An "Open for Worship" banner is posted outside the Crossroads Community Church in Yuba City, Calif., Thursday, July 9, 2020. (The Center Square) – Of the roughly 32 lawsuits that have been filed since March against California Gov. Gavin Newsom, many allege his executive orders violate the religious liberty clauses…
Colorado’s COVID-19 restrictions on churches violate Constitution, federal judge rules
Colorado’s COVID-19 public health orders that limit the number of people who can attend indoor religious services and require worshippers to wear masks at all times are unconstitutional, a federal judge ruled. U.S. District Court Judge Daniel Domenico ruled last week that state officials cannot enforce mask-wearing mandates or some…
High court sparks new battle over church-state separation
News – AP-National Religious freedom advocates are pleased and some secular groups alarmed following a Supreme Court ruling that states must give religious schools the same access to public funding that other private schools receive. (AP Photo/Manuel Balce Ceneta). The U.S. Supreme Court is seen Tuesday, June 30, 2020 in…
How Amy Coney Barrett could change the Supreme Court’s balance on religious liberty
Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Oct. 14, 2020, on Capitol Hill in Washington. (AP Photo/Susan Walsh, Pool) WASHINGTON (RNS) — Since the moment Judge Amy Coney Barrett was announced as President Donald Trump’s nominee to fill the Supreme…
Ministries Claim New State Laws Violate Their Religious Freedoms
The jury box in the Loudoun County Courthouse. [Douglas Graham/Loudoun Now] Four religious ministries are suing the state over two new Virginia laws they claim infringe upon their rights to assert their religious beliefs—and to hire, fire and provide health insurance for their employees based on those convictions. On Sept.…
CAIR Wins ‘God Pod’ Lawsuit Declaring Religious Segregation Illegal in Virginia Jail
WASHINGTON, Oct. 20, 2020 /PRNewswire/ — The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed a Virginia federal court’s ruling in Young v. Newton that Virginia’s Riverside Regional Jail’s Christians-only area of the facility — known as a "God Pod" — had…