Public Health Law after Covid-19

Covid-19 has spurred an outbreak of a different kind: litigation. To combat the pandemic, officials imposed extensive community-level mitigation measures using their broad but largely untested emergency powers. In response, more than 1000 suits challenged orders shuttering businesses, banning indoor worship services, restricting travel, and mandating mask wearing. 1 As…

No doubt about it: We have a pro-religious freedom Supreme Court

No doubt about it: We have a pro-religious freedom Supreme Court

Just In… Last summer, I wrote , “The Supreme Court has never been more protective of religious freedom in its history.” This term, the court’s “pro-religion” streak has continued — and then some. First, there were the COVID-19 cases. Initially, the court was reluctant to grant emergency relief, declining to…

Supreme Court to Hear Case on Government Aid to Religious Schools

Supreme Court to Hear Case on Government Aid to Religious Schools

WASHINGTON — The Supreme Court agreed on Friday to decide whether Maine may exclude religious schools that offer sectarian education from a state tuition program. The case, Carson v. Makin, No. 20-1088, is broadly similar to one from Montana decided by the court last year. In that case, the court…

Religious freedom remains a ticking time bomb

The 2015 Supreme Court decision extending the right to marry to same-sex adult couples contained a ticking time bomb. Six years later, the noise is getting loud. The explosive material has to do with religious freedom. While polls clearly show that a growing majority of Americans support marriage equality, a…

Opinion: We’re still on a collision course over Masterpiece Cakeshop

The 2015 Supreme Court decision extending the right to marry to same-sex adult couples contained a ticking time bomb. Six years later, the noise is getting loud. The explosive material has to do with religious freedom. While polls clearly show that a growing majority of Americans support marriage equality, a…

Ministerial Exception Put to the Test in Latin America

Ministerial Exception Put to the Test in Latin America

COMMENTARY: A decision in the Sandra Pavez case in Chile will have broad implications for the protection of religious liberty globally. Cathedral of San Bernardo, Chile. (photo: Wikimedia Commons) Reconciling respect for Catholic teaching on sexuality with the demands of the LGBT movement is aided by a robust protection of…

Connecticut’s religious anti-vaxxers file suit

Connecticut’s religious anti-vaxxers file suit

Photo by Hakan Nural/Unsplash/Creative Commons (RNS) — On April 28, Connecticut Gov. Ned Lamont signed into law a bill eliminating the state’s religious exemption for mandatory school vaccinations. Three days later, a lawsuit was filed in federal court claiming the law violates the constitutional rights of three mothers — Greek…

The Supreme Court Is Making New Law in the Shadows

The Supreme Court Is Making New Law in the Shadows

Late last Friday, the Supreme Court, by a 5-4 vote, issued an emergency injunction blocking California’s Covid-based restrictions on in-home gatherings on the ground that, insofar as they interfere with religious practice, they violate the First Amendment’s free exercise clause. Reasonable minds will disagree on this new standard for free…

UK court upholds Franklin Graham in Blackpool bus advertising case

UK court upholds Franklin Graham in Blackpool bus advertising case

Christian News The BGEA put adverts for the festival on local public buses. (Blackpool) Manchester County Court Judge Claire Evans ruled in favour of Franklin Graham and the Billy Graham Evangelistic Association (BGEA) in the Lancashire Festival of Hope advertising campaign case. In 2018, the English city of Blackpool hosted…

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…

Maine likes not-too-religious schools

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…

GEORGE WILL: Maine likes not-too-religious schools

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…

Capitol riot shaman puts spotlight on religious diets for prisoners

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…

Archdiocese of Chicago to court: Let parishes choose their staff

Archdiocese of Chicago to court: Let parishes choose their staff

Washington D.C., Feb 10, 2021 / 04:00 am MT ( CNA ).- 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…

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…

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…