Copyright © 2020 Albuquerque Journal Legacy Church, 7201 Central NW, sued the state and Health Secretary Kathy Kunkel in April over a ban on large gatherings. (Adolphe Pierre-Louis/Albuquerque Journal) The state has the right to ban large gatherings in houses of worship during a public health crisis, such as the…
Significant Win for Religious Schools, Religious Liberty, and the “Ministerial Exception” at the Supreme Court
Last week, the Supreme Court delivered a major victory for religious schools in two cases, Our Lady of Guadalupe School v. Agnes Morrissey-Beru , and St James School v. Biel. As we explained here , the two cases involved the important religious liberty principle called “the ministerial exception.” Broader than…
The Supreme Court Broadens the Berth for Religious Exemptions from Federal and State Anti-Discrimination Law and the Affordable Care Act
In two decisions rendered at the end of its term, the U.S. Supreme Court has broadened the right of religious employers not to follow federal and state law with respect to job discrimination and to restrict the availability of covered birth control for employees under the Affordable Care Act. Broadening…
U.S. Supreme Court Broadens Ministerial Exemption to Employment Discrimination Claims
By a vote of 7-2, the U.S. Supreme Court held on July 8, 2020, that the “ministerial exception” under the religion clauses of the First Amendment forecloses employment-discrimination claims against religious schools by teachers with religious duties. Prior to the court’s decision in Our Lady of Guadalupe School v. Morrissey-Berru…
US Supreme Court lifts ban on state aid to religious schools
(RNS photo by Aaron Schrank) The Supreme Court elated religious free exercise advocates and alarmed secular groups with its June 30 ruling on public funding for religious education, a decision whose long-term effect on the separation of church and state remains to be seen. In Espinoza v. Montana Department of…
Supreme Court religious liberty wins could signal landmark conservative victory in gay adoption case
The Supreme Court’s opinions this year in a series of religious liberty cases indicate it may deliver a landmark victory for social conservatives in 2021, according to legal experts. The case in question, Fulton v. City of Philadelphia , pits two explosive causes against each other: gay rights and faith-based…
Commentary: How the idea of religious freedom is being used to undermine other rights
“Religious discrimination.” It’s an accusation we hear with increasing frequency. Indeed, discrimination on the basis of religion is one of the few common concerns our divided society has left. But even here, political polarization has left its mark. As conservatives use it, “religious discrimination” carries a meaning that is largely…
Opinion: The death of a secular state
Creative Commons Having been raised Baptist and then Methodist, I understand how important religion, especially Christianity, can be to many people. Furthermore, I have been in the public school system for 14 years, starting in kindergarten and continuing through college. I can absolutely understand why many parents choose to send…
The Civics Project: Constitutional ‘wall’ between church and state forever being tested in courts
WASHINGTON — Tom Alexander holds a cross Wednesday outside the U.S. Supreme Court building in on Wednesday as he prays prior to key rulings involving religion. [Patrick Semansky/The Associated Press] Patrick Semansky Hide caption Remember civics class … and not paying attention? These days, we need that civics lesson more…
Letters to the Editor: Discrimination is ungodly — yet religious freedom protects it?
The Supreme Court ruled that St. James Catholic School in Torrance cannot be sued for discrimination after it dismissed a teacher who needed to go on medical leave. To the editor: Society should not have the right to impose its values upon religious groups and institutions in the internal conduct…
GREG HARTON: Court guards religion as central to U.S. freedoms
Growing up, I had heard about Al Capone, the high-profile, Chicago-based crime boss who violently capitalized on bootlegging during Prohibition. When I became a reporter in Hot Springs, I became aware of a certain tourist-town pride that "Big Al" once owned a suite in the still-renowned Arlington Hotel. He enjoyed,…
Counterpoint: Religious Liberty Scores a Win at the Supreme Court
Three religious freedom cases provide constitutionalists with some hope. In a year beset by disappointing decisions from the Supreme Court, a trio of religious liberty cases decided this term provides constitutionalists with some hope. Let’s review: Little Sisters of the Poor v. Pennsylvania The Little Sisters of the Poor need…
Why Supreme Court liberals joined conservatives on religion, by Noah Feldman
The Supreme Court has decided, 7-2, that teachers in Catholic elementary schools are not covered by employment discrimination law. This is a highly important expansion of religious exemptions from government regulation. The Supreme Court had already given religious institutions an exemption for so-called “ministerial” employees. It has now gone substantially…
The Civics Project: Constitutional ’wall’ between church and state forever being tested | Opinion
The Civics Project Question: The recent U.S. Supreme Court decision on state funding for religious schools confuses me. What does the Constitution actually say about religion? Answer: The U.S. Constitution does not say much directly. Article 6: Clause 3 states that “…No religious test shall ever be required as a…
The Civics Project: Constitutional ’wall’ between church and state forever being tested | Opinion
Question: The recent U.S. Supreme Court decision on state funding for religious schools confuses me. What does the Constitution actually say about religion? Answer: The U.S. Constitution does not say much directly. Article 6: Clause 3 states that “…No religious test shall ever be required as a qualification to any…
Commentary: Why Supreme Court liberals joined conservatives on religion
The Supreme Court has decided, 7-2, that teachers in Catholic elementary schools are not covered by employment discrimination law. This is a highly important expansion of religious exemptions from government regulation. The Supreme Court had already given religious institutions an exemption for so-called “ministerial” employees. It has now gone substantially…
Battle for recognition of Muslim marriages heads to Supreme Court of Appeal
The state says objections received from Muslim groups, some of whom accused legislators of attempting to interpret the Qur’an, made it difficult to enact laws recognising Muslim marriages. Picture: www.wallpaperflare.com Objections that the State received from Muslim groups, some of whom accused legislators of attempting to interpret the Qur’an, made…
Has 35 Years Of Deterioration Of Establishment Clause Protection Finally Given The Theocrats Their Victory?
In a 5-4 decision in Espinoza v. Montana , the U.S. Supreme Court held that Montana could not exclude religious schools from a government subsidy program for private education. The Court’s reasoning in Espinoza is that denying government aid to religious schools because of their “religious character” violates the First…
High court sparks new battle over church-state separation
The U.S. Supreme Court is seen Tuesday, June 30, 2020 in Washington. The Supreme Court elated religious freedom advocates and alarmed secular groups with its Tuesday ruling on public funding for religious education, a decision whose long-term effect on the separation of church and state remains to be seen. In…
Legal experts foresee end of anti-Catholic state laws following Supreme Court school-choice ruling
Could facilitate the growth of government-religion interaction Laws motivated by anti-Catholic bigotry across the country are in the cross hairs following a Supreme Court ruling against Montana last month, civil and religious liberties lawyers told The College Fix in interviews. In a 5-4 tally with three concurring opinions and three…
U.S. Supreme Court: Excluding Religious Schools from a Scholarship Program Is Unconstitutional
Highlights In Espinoza v. Montana Department of Revenue , the U.S. Supreme Court has ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds that the state "no aid" or Blaine amendment required it. The decision reiterates that disqualifying otherwise eligible recipients from…
U.S. Supreme Court Orders Seventh Circuit to Reconsider Decision in WILL Religious Liberty Case
The News : The Wisconsin Institute for Law & Liberty’s (WILL) religious liberty lawsuit, St. Augustine v. Taylor , was remanded by the United States Supreme Court back to the Seventh Circuit Court of Appeals for reconsideration. This lawsuit poses critical questions on the relationship between religious liberty and government…
High court sparks new battle over church-state separation
By DAVID CRARY and ELANA SCHOR, Associated Press The Supreme Court elated religious freedom advocates and alarmed secular groups with its Tuesday ruling on public funding for religious education, a decision whose long-term effect on the separation of church and state remains to be seen. In Espinoza v. Montana Department…
A troubling fidelity to precedent
On Monday, in a 5-4 decision, the Supreme Court struck down a Louisiana law that would have required abortion doctors to have admitting privileges at a nearby hospital. Not only did Chief Justice John Roberts side with the more liberal justices again, he also gave pro-lifers reasons to doubt Roe…
High court sparks new battle over church-state separation
By DAVID CRARY and ELANA SCHOR, Associated Press The Supreme Court elated religious freedom advocates and alarmed secular groups with its Tuesday ruling on public funding for religious education, a decision whose long-term effect on the separation of church and state remains to be seen. In Espinoza v. Montana Department…