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…
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…
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.
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;…
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…
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…
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…
Chula Vista Church To Resume Indoor Worship Amid Pandemic
A Chula Vista church announced plans to resume indoor worship Sunday after winning a legal victory from the U.S. Supreme Court. On a 6-3 vote late Friday, the U.S. Supreme Court cited the Constitution’s protection of the free exercise of religion. (Renee Schiavone/Patch) SAN DIEGO, CA — A Chula Vista…
Courts still issuing pandemic rulings on abortion, religious liberty
In this May 3, 2020, file photo, the setting sun shines on the Supreme Court building in Washington. As coronavirus cases surge again nationwide, the Supreme Court late Wednesday, Nov. 25, temporarily barred New York from enforcing certain attendance limits at houses of worship in areas designated as hard hit…
Judge grants church’s plea to bolster COVID lawsuit, notes changing mood of courts
Pastor Rob McCoy and the Newbury Park church he leads will be allowed to bolster their lawsuit filed against the county over coronavirus restrictions, a Ventura County judge ruled Tuesday. Superior Court Judge Henry Walsh said the courts freely allow parties in litigation to amend their lawsuits and that the…
Why separation of church and state is so important
Separation of church and state has been a feature of American democracy for over two centuries. As Thomas Jefferson predicted, that separation has served both the state and organized religion well. The Church of England was the official religion of the colony of Virginia. As the British departed, the bureaucracy…
Judge grants church’s plea to bolster COVID lawsuit, notes changing mood of courts
Pastor Rob McCoy and the Newbury Park church he leads will be allowed to bolster their lawsuit filed against the county over coronavirus restrictions, a Ventura County judge ruled Tuesday. Superior Court Judge Henry Walsh said the courts freely allow parties in litigation to amend their lawsuits and that the…
Judge grants church’s plea to bolster COVID lawsuit, notes changing mood of courts
Pastor Rob McCoy and the Newbury Park church he leads will be allowed to bolster their lawsuit filed against the county over coronavirus restrictions, a Ventura County judge ruled Tuesday. Superior Court Judge Henry Walsh said the courts freely allow parties in litigation to amend their lawsuits and that the…
Mandatory COVID-19 Vaccinations
Now that at least two COVID-19 vaccines have been made available, all employers, including AAMP members, must consider the various issues involved in deciding whether to make vaccination mandatory for their employees. On December 16, 2020, the Equal Opportunity Commission (EEOC) updated its previous COVID-19 guidance to address the vaccine…
Appeals Court Rules for Religious Schools in Latest Challenge to Pandemic Restrictions
A federal appeals court has granted an injunction to nine religious schools in Ohio that blocks application to them of a recent county order shutting down public and private schools amid a COVID-19 surge. A unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati,…
Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?
This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct. Our societal…
On the Supreme Court’s shadow docket, the steady volume of pandemic cases continues
As the Supreme Court winds down for the holiday break, one thing that has not slowed is the flow of litigation arising from the COVID-19 pandemic. In November and December, the court handled seven emergency requests for relief related to COVID-19, six involving challenges by religious institutions to state crowd-restriction…
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…